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Should church and state be entirely seperate
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Thomas Jefferson wrote the Virginia Statute of Religious Freedom to explain that each man has the right to practice any religion they please as long as it does not harm others. In addition, government cannot show favoritism when it comes to religion. After having the definition of “separation of church and state” laid out in front of you, it is surprising to realize what may have seemed normal growing up for most children, is in fact unconstitutional. In this paper, we will discuss the issue of the pledge of allegiance in public schools. In the case of West Virginia Bd. Of Ed. v. Barnette (1943), parents and children of Jehovah’s Witness religion were facing punishment for not participating in the pledge of allegiance. According to court
documents in West Virginia Bd. Of Ed v. Barnette: Children of this faith have been expelled from school and are threatened with exclusion for no other cause. Officials threaten to send them to reformatories maintained for criminally inclined juveniles. Parents of such children have been prosecuted and are threatened with prosecutions for causing delinquency. (630) The Board of Education argued that to deny the pledge of allegiance was an unconstitutional denial of religious freedom on their end. Although both sides seem to have valid personal arguments, one must realize that the money of taxpayers are being put into the schools. The constitutional rights of the taxpayers should be put up front and foremost. The court ultimately ruled in favor of Barnette stating, “To believe that patriotism will not flourish if patriotic ceremonies are voluntary and spontaneous instead of a compulsory routine is to make an unflattering estimate of the appeal of our institutions to free minds.” (West Virginia Bd. Of Ed. v. Barnette 642). What makes this issue interesting is that for those who find the pledge of allegiance to be a normal occurrence may look at this case as an annoyance or unnecessary issue. The constitution is clear on giving every citizen the liberty to express themselves religiously, but that also means that for the small minority who do not believe in God, also have the right to speak up for themselves. The problem then lies in society when the majority tends to view the minority as a troublemaker for creating an issue in what we find to be so normal in our everyday lives.
In 1971 in Mobile County Alabama the School Board created a state statute that set aside time at the beginning of each day for silent ’meditation’ (statute 6-1-20), and in 1981 they added another statute 16-1-20.1 which set aside a minute for ‘silent prayer’ as well. In addition to these, in 1982 the Mobile County School Board enacted statute 16-1-20.2, which specified a prayer that teachers could lead ‘willing’ students in “From henceforth, any teacher or professor in any public educational institution within the State of Alabama, recognizing that the Lord God is one, at the beginning of any homeroom or any class, may pray, may lead willing students in prayer, or may lead the willing students in the following prayer to God… “ (Jaffree By and Through Jaffree v. James). Ishmael Jaffree was the father of three students, Jamael Aakki Jaffree, Makeba Green, and Chioke Saleem Jaffree, who attended a school in Mobile County Alabama. Jaffree complained that his children had been pressured into participating in religious activities by their teachers and their peers, and that he had requested that these activities stopped. When the school did nothing about Jaffree’s complaints he filed an official complaint with the Mobile County School Board through the United States District Courts. The original complaint never mentioned the three state statutes that involved school prayer. However, on June 4, 1982 Jaffree changed his complaint. He now wanted to challenge the constitutionality of statutes 16-1-20, 16-1-20.1 and 16-1-20.2, and motioned for a preliminary injunction. The argument against these state laws was that they were an infringement of the Establishment Clause within the First Amendment of the Constitution, which states that Congr...
The Supreme Court case in Elk Grove Unified School District v. Newdow result in a unanimous ruling that the phrase “under God” may remain in the Pledge of Allegiance as narrated in public school classrooms. The court made the decision because the atheist father did not have grounds to sue the school district on behalf of his daughter. While the ruling was made on the Flag Day, it did not meet the clear endorsement of the constitutionality of the pledge as sought by President Bush and leaders of Republican and Democratic Parties in Congress. Notably, the eight judges who participated in the case had voted to turn over a federal appeals court decision in 2003 that would have prohibited the use of the phrase in public schools as an infringement of the constitutional outlaw on state-sponsored religion. A majority of these justices i.e. five made that ruling on procedural grounds in which Michael A. Newdow, the atheist, did not have legal reasons to sue the school district (Lane, 2004).
In the 2008 the United States Census Bureau, Self-Described Religious Identification of Adult Population, The Christian faith proved to be the more dominating religion out of all religions. So it would seem the words “Under God” would be beneficial for the majority, the Pledge of Allegiance allures and supports the loyalty of the majority of citizens. The nonbelievers of religion have had the right to not recite the pledge since 1943 but have been asked to quietly stand while the believers recite the pledge in its entirety. Even though leaving out “Under God” is not a difficult task we can clearly see a division has now developed, opposite of bringing the people together. Another example that shows the pledge allures and supports a loyalty to the majority of citizens, the acceptance and encouragement to keep ...
In his brief response, President Jefferson sympathized with the Baptists in their opposition to the state of Connecticut’s established religion. The question of this assignment is “What do you think the signers of the Declaration of Independence and the U.S. Constitution thought about the separation of church and state or about the separation of God from government?” While devoutly committed to religious liberty He deeply opposed established churches as existed in Massachusetts and Connecticut, but recognized that, as President, he had to respect them. The letter contains the phrase "wall of separation between church and state," that expressed his reverence for the First Amendment’s “wall of separation between Church & State” at the federal level. This became the short-hand for the Establishment Clause that we use today: "Separation of church and state." President Jefferson put much thought and intense scrutiny into the letter, and consulted New England politicians to assure that his words would not offend while still conveying his message that it was not the place of the Congress or of the Executive to do anything that might be misconstrued an establishment of religion. The now well-known the phrase "wall of separation between church and state,” lay
The Myth of the Separation of Church and State retrieved on January 7, 2005 from: http://www.noapathy.org/tracts/mythofseparation.html
Gwen Wilde wrote an essay on “Why the Pledge of Allegiance Should be Revised.” In this essay, Gwen believes that the words “under God” should be removed from the Pledge of Allegiance. Gwen informs us that the original Pledge did not include “under God” and the words were not added until 1942, therefore, the words can easily be removed. Although some changes have been made to make it clear that the Pledge of Allegiance is for the United States Gwen believes that the words “under God” do not show any support for our country and only make those who do not believe in God feel uncomfortable. Therefore, Gwen believes that “under God” is not appropriate for the Pledge and does not show that we are a Nation that is “indivisible.”
How the judicial branch rules in cases relating to the 1st and how they relate that to all the rights of public school students. This includes anything from flag burning to not saluting the flag to practicing religion in school. The main point of this paper is to focus on the fact that schools have a greater ability to restrict speech than government.
The Pledge of Allegiance has become a major issue for students, teachers, parents and lawmakers. The original intention of the pledge was not to stir up trouble, but for a celebration of Christopher Columbus discovery of the new world. The pledge is no longer thought of as a celebration, but an infringement on children's religious beliefs. Do you believe that children's rights are being infringed on? Some people believe that the pledge is a great honor for our country. It has shown, and provided us with great pride just like our American flag. The Pledge of Allegiance being recited in the public school system does not infringe on the students religious beliefs, but is a way for us to honor our country and everything that we have done to get to this point in history.
Separation of church and state is an issue in the forefront of people’s minds as some fight for their religious freedoms while others fight for their right to not be subjected to the religious beliefs of anybody else. Because public schools are government agencies they must operate under the same guidelines as any other government entity when it comes to religious expression and support, meaning they cannot endorse any specific religion nor can they encourage or require any religious practice. This issue becomes complicated when students exercise their right to free speech by expressing their religious beliefs in a school setting. An examination of First Amendment legal issues that arise when a student submits an essay and drawing of a religious
Why should we stand for the pledge of allegiance? Because of the veterans who died for us? Because they fought for what we call “freedom”? I personally don’t think it should be a requirement for school.
Many students all across America stand and salute to the flag every morning and repeat these words, “I pledge allegiance to the flag of the United States of America, To the republic for which it stands, one nation, Under God, Indivisible, with liberty and justice for all.” There are controversy behind these words of historical allegiance, and that is why many people are refusing to stand for the pledge. This nation was founded upon freedom and liberties, and with those liberties comes with the freedom to choose your religion. The words “Under God”
Many parents, educators, and school officials defend the Pledge of Allegiance and other rituals and symbols for the themes of ...
This paper was written for my Writing 209 class. For the assignment ,Donna Marsh, asked us to find an article in a periodical that dealt with an issue in our American culture. We were then told to express our opinion on the topic discussed in the article and to analyze the argument presented in the article. I chose the topic of school prayer because I believe strongly in the separation of church and state that exists in our country. This is a controversial issue that is worthy of discussion, and hopefully my essay will provoke you in some manner whether you agree with my premise or feel that the views I express are totally invalid.
To open this discussion, I would like to start with the civil liberty of freedom of religion. This liberty was identified in my original Constitution essay through the mentioning of the separation of church and state clause. The reason for my including of this liberty, and my stressing of its importance, is that I feel that the government interprets this liberty in a one sided fashion because of the incorrect interpretation of the already in place separation of church and state clause. I also include it because I believe that recently the attacks upon religion have metastasized and tha...
I remember it clear as day; it was the fall of 1986, laying out my best dress the night before and feeling the excitement of having the chance to ride the big yellow cheese. Once morning came, my mother burst into my bedroom saying "Time to wake up! Today is the day to be a big girl!" Clearly, not paying any mind to the words "big girl" my central focus was on riding the bus. Finally mother and I walked to the end our street; standing on the corner as if we were lost. I noticed more people coming to the corner with kids and I started to get nervous. Just because they were strangers to me. The bus finally arrived, by that time my heart dropped to my toes. My mother pushing me on, but without her by my side. I was petrified, not knowing anyone, feeling alone and when was the next time I would see mother again. The big yellow dream that revolved into a nightmare finally stopped at an enormous building that was bursting with kids at the domicile, making my nerves even worse. There were teachers' who helped us to our classroom; so they called it. As we settled into our desks, the teacher brought our attention to the front corner of the classroom where an American Flag hung. She said that we were going to learn some very important words. In fact, they are so important that we will start everyday with these words. These words we would share and we would stand proud together as one. The words that the teacher taught us were the Pledge of Allegiance. As we said the words together for the first time, my nervousness' went away. We all were fitting in, not because we all messed up the words but because we were sharing a love for our fatherland and we were unified. However, in today's schools the Pledge is occasionally left out of the classroo...