102 PART TWO INDIVIDUAL RIGHTS CHAPTER 5 CIVIL LIBERTIES:PROTECTING INDIVIDUAL RIGHTS 103 a nondenominational prayer to be recited in the public schools at the start of each day.Even though no particular religion was favored in the prayer,the Court concluded that the prayer promoted religion over nonreligionA year later the Court struck down Bible readings in public schools. Religion is a strong force in American life,and the Supreme Court's position on school prayers has had strong opposition,particularly from Protestant fundamentalists.A recent attempt to circumvent the prayer ruling was an Alabama law permitting the public schools to set aside one minute each day for silent prayer or meditation.In 1985 the Court voted 6-3 to declare Alabama's minute of silence unconstitutional,ruling that "government must pursue a Government mist pursue 8 course of complete neutrality toward religion."Whether the Supreme Court course of complete4中aity would invalidate a silent-meditation law that was less clearly religious in its toward religion. intent than Alabama's is an open question that is sure to be tested in future US.Supreme Court cases. Wailace v.Iefree (1985) Advocates of school prayer have pressured Congress to propose a constitu tional amendment permitting some form of prayer in the public schools.In 1984 Under the Flest Amendment, the U.S.Senate rejected by eleven votes a school-prayer amendment that had Ame are free to prac the support of President Ronald Reagan.A change in the constitutional status of any religion,or no religion.(B religion might also come about through changes in the Supreme Court's Stanton/Magnum) membership.Chief Justice William Rehnquist and three other current justices (Byron R.White,Sandra Day O'Connor,and Antonin Scalia)have indicated a In allowing public funds to be used by religious schools for secular textbooks willingness to lower some of the barriers between church and state,although but not for teachers'salaries,the courts have indicated that,whereas it is not one advocates that they be eliminated completely. relatively easy to ascertain whether the content of a particular textbook promotes religion,it would be much harder to determine whether a particular teacher was promoting religion in the classroom. THE FREE-EXERCISE CLAUSE The Court has developed a three-point test that a law providing aid to religion The First and Fourteenth amendments also prohibit governmental interference must pass to be considered constitutional:First,the main purpose of the aid with the"free exercise"of religion.The idea behind the free-exercise clause is must be secular and not religious;second,the main effect of the assistance must clear:Americans are free to hold any religious belief they choose. not be to promote one religion or religion per se;and third,the aid must not Although people are free to believe what they want,they are not always free to excessively involve the government in religion."These restrictions do not,for act on their beliefs.The courts have tolerated govemment interference with the example,allow substantial government grants to religious schools but do permit exercise of religious beliefs when such interference is the secondary result of a lesser contributions under some circumstances,such as the provision of secular compelling and overriding social goal.An example is the legal protection of textbooks and copies of standardized examinations.Some of the Court's children with life-threatening illnesses whose parents refuse on religious applications of the three-point test have been controversial.The Court in 1983, grounds to permit medical treatment.A court may order that such children be for instance,upheld a Minnesota law allowing parents a tax deduction for given medical assistance because the social good of saving their lives overrides certain school expenses,including tuition,incurred by their children.The Court their parents'free-exercise rights.And in 1986 the Supreme Court concluded reasoned that,because the tax deduction was available to parents with children that military regulations requiring standard headgear took precedence over an in either public or private (including nonreligious)schools,the law's purpose Orthodox Jewish serviceman's practice of wearing a yarmulke.s was not to support religion.Opponents claimed that the law promoted religion In some circumstances exceptions to certain laws have been permitted on because the parents of public school children,who pay no tuition,were entitled free-exercise grounds.The Supreme Court ruled in 1972 that Wisconsin could to smaller tax deductions than parents who paid tuition to send their children to not compel Amish parents to send their children to school beyond the eighth private schools,most of which were affiliated with a church. grade because this policy violated a centuries-old Amish religious practice of Since the early 1960s,the Court has held that the establishment clause having children leave school and begin work at an early age.The Court has prohibits the saying of prayers in public schools.In the Engel (1962)case,the Court ruled against the Board of Regents of New York State,which had written E5l.V和lg,37元U.5421(1962) MAbixglou School Distric!v.Sclempp,374 U.S.203 (1963). "Ibid. "lace.re%,472US.38(1985). "Mueiler v,Allen,463 U.S.388 (1983). Goidman v.Weixberger,475 U.S.503 (1986). Ws0s作V,md,406U.52950972