Lesson 4: Religion & The Constitution

Topic:

How did the Supreme Court originally define "free exercise" of religion ?

Background:

The first case in which the Supreme Court interpreted the "free exercise" clause involved the congressional law against polygamy in the states and territories. The Mormons (The Church of Jesus Christ and the Latter Day Saints) had been persecuted, including lynchings, and forced to migrate across the country until they settled in what became Salt Lake City, Utah. In order to avoid extinction, Mormons were encouraged by the elders to practice polygamy, and it was viewed as a moral obligation to have as many wives as one could economically maintain. When George Reynolds was ordered to deny his second marriage or face the possibility of jail, he faced a dilemma that ultimately led to the case of Reynolds v. U.S. (1878). Justice Miller, writing for the Court, handed down a very narrow interpretation of the ìfree exerciseî clause (which Reynolds had argued was violated by the law) stating that it only protected the absolute right to believe anything concerning religion, but that it could not protect practices which were against our existing laws. Elementary students can understand that it could not be an absolute right by giving extreme examples, such as cannibalism or offering human sacrifices. Later cases will vacillate between interpretations that accommodate religious practices and narrow interpretations.

Objectives:

Students will be able to:

  1. Discuss whether the "free exercise" clause should provide an absolute right to protect any religious practice.
  2. Role-play an historical value conflict related to "free exercise" and state the dilemma contained in the story.
  3. Identify the various obligations that Reynolds confronted in his dilemma.
  4. Reinforce the critical thinking skills contained in the case method by analyzing the Reynolds case.

Materials:

Handouts: 4A, "Reynolds Moral Dilemma;" 4B, "Reynolds v. U.S."

Time Required:

1-2 class periods

Procedures:

1. Lead a Socratic dialog about the meaning of the term "free exercise" as discussed in Lesson 1. If students think that the clause should provide an absolute right, ask them about cannibalism or human sacrifices and whether the "free exercise" clause should protect such practices.

2. Briefly provide a little background about the Mormons and the law against polygamy. Then, select four students (2 males and 2 females), give them Handout 4A, and assign them the four characters depicted in frame three of the handout to role-play. Tell them that they can add a little dialog if they wish that is appropriate for their characters; the role-play should end with the Reynolds character stating his dilemma out loud to the class, as in frame #4.

3. After the role-play, have the entire class read Handout 4A. Arrange students in groups and have them brainstorm responses to the following question: "To whom or to what does Reynolds have obligations concerning whether he should give up one of his wives?" Develop a list of the various responses and have groups rank order the top three criteria that should affect his decision. Have students share their opinions as to what Reynolds should do and what criteria they are using for their decisions.

4. Have students read Handout 4B, "Reynolds v. U.S.", and use the Project LEGAL case method.

Performance Assessment:

Have students create a conversation or dialogue which might have occurred between Reynolds and one of the supreme court justices who ruled against Reynolds in Reynolds v. U.S.

Further Enrichment:

Based on multiple intelligence theory.

Linguistic: Divide the class into groups of two students each. One student should role-play Reynolds and the other student should role-play a journalist interviewing Reynolds about his dilemma. Students should then switch roles and hold the interview again. At the conclusion of the interviews, students should discuss how they felt as Reynolds and whether they would be ready to give up their wives because of a Supreme Court decision.

Have students remain in their groups. One group should write a letter to congress in support of Reynolds right to marry more than one wife based on Mormon religious practice, and the other group should write a letter to congress opposing Reynolds right. Students should exchange letters and read and discuss them.

Logical/Mathematical: Students should use whatever resources they are familiar with to determine if there are any societies which still practice polygamy (having more than one husband or wife). Students should then determine what percent of marriages in that society are polygamous.

Kinesthetic/Musical: Students should express Reynolds feelings about his dilemma through dance and movement to music.

Have students role-play a scene in which law enforcement officials inform Reynolds that he is breaking the law by having more than one wife. Reynolds must then defend himself and what the Mormons believe in.

Intrapersonal: Have students express their feelings through writing, drawing or song about the following situations; having more than one husband or wife, and being married to a person who has other husbands or wives. Ask students if it should make a difference if these are religious practices.

Interpersonal: Divide students into groups of equal size. Each group should have the same number of boys as girls. One member of the group will use a large piece of paper or the chalkboard to write main idea, arguments for, arguments against. The groups will then discuss the main idea, arguments for and arguments against the right to marry more than one person as part of a religious practice, even though the practice is illegal. Students should write the best arguments on the paper or the chalkboard.

Handout 4A: RELIGION & THE CONSTITUTION

Handout 4B: RELIGION & THE CONSTITUTION