Free Exercise Clause

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The Free Exercise Clause pertains that one can believe a practice of one’s religion. It can hold no religious beliefs without consequence. It also protects the right to be a nonbeliever (Ginsberg et al 98).
The Establishment Clause prevents an official religion in the United States. The difference between the two is that the Free-Exercise Clause, as long as it does not harm others in the name of religion, it is protected. In the Establishment Clause, the government can aid religious institutions as long as it does not favor others (Ginsberg et al 97). The first controversy I am going to be talking about is the Van Orden v. Perry case. According to Oyez.org, Thomas Van Orden sued Texas arguing a Ten Commandments monument on the grounds of …show more content…
ACLU of Kentucky. Oyez.org stated that The American Civil Liberties Union (ACLU) sued three Kentucky counties for displaying framed copies of the ten amendments in public schools and courthouses. ACLU argued the displays violated the First Amendments establishment clause. The court also decided by a 5-4 decision, but in this case, the majority voted that it did in fact violated the establishment clause because “their purpose had been to advance religion”. Although both cases were similar, the difference between the two was that the religious display in the Texas Park had been exhibited for at least 40 years with other monuments (Ginsberg et al 98). No objections were raised until the case of Van Orden v. …show more content…
Barnette case. The children of a family of Jehovah refused to salute and pledge allegiance to the American flag because their religion faith did not permit it (Ginsberg et al 98). Oyez.org expressed, the West Virginia State Board of Education required to honor the flag. Refusal to salute was punishable by charges of delinquency and expulsion. In a 6-to-3 decision, the court overruled its decision in another case called Minersville School District v. Gobitis. The court believed it was unconstitutional to compel public school children to salute the flag because it was a violation of their freedom of speech and
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