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Essay on religious freedom in united states
Separation of church and state in America
Influence of religion on public education
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Strengthen the Separation between Church and State
First Amendment issues of the separation of church and state and state establishment of religion have long been litigated in the federal courts. Until recently, the Supreme Court had a consistent track record of preventing the intermingling of religion and government, especially when it came to the nation's public schools. Yet this past year, a newly activist conservative court has set about rewriting some of the Warren Court's judicial legacy. In the 1995 case of Rosenberger v. University of Virginia, the Supreme Court, in a 5-4 ruling, declared that the University of Virginia was constitutionally required to subsidize a student religious magazine on the same basis as secular publications and activities. This decision opens the door to greater government financial support for religious organizations. Groups like the Christian Coalition and the American Center for Law and Justice, the legal wing of Pat Robertson's financial empire, saw this narrow decision as a victory for their agenda of weaving together government and religion, thus tearing down the wall of separation between church and state, To justify their pursuits, they site the need for moral leadership in this country, which many view as ethically and morally rudderless. Yet Ralph Reed, Pat Robertson, the Christian Coalition, and other similarly thinking individuals and groups are promoting an agenda more far reaching than their mainstream supporters have in mind. The move to infuse government with a greater religious presence has almost nothing to do with instilling traditional values and morality, and almost everything to do establishing Christianity, specifically evangelical Christianity, as the state religion. ...
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... such unions. The United States has the highest level of religious involvement in the western world precisely because we have no state religion, as most nations in Europe do. In that region, state-sponsored churches are moribund, and religious enthusiasm is lackluster. America has a vast diversity of religious viewpoints because the spiritual aspect of people's lives is free from the intrusive tentacles of Uncle Sam. If it were not for our separation of church and state, odds are the evangelical faiths that gave rise to the Christian Coalition never would have existed. Therefore, Ralph Reed and Pat Robertson are destroying the agent of their own creation. They would never want socialized medicine, yet they are trying to implement socialized religion. But if you don't want government meddling with your body, why would you want government interfering with your soul.
Doe case, Taking place in Texas in the year 2000, ended with a five to four verdict (Santa Fe Independent School Dist. v. Doe). The decision was in support of Doe, a Mormon family and a Catholic family that contested the school’s support of prayer at football games. The result of this case restricted the first amendment freedom of religion. The “wall” between religion and government that the Establishment Clause creates was present in this case (Cornell University Law School). The end of this case led to a strong divide between public schools and students’ religious practices. This case caused social changes to occur that affected public schools across America. Other public schools and parents of public school students saw the outcome of this case as an example of the “wall” that exists between church and state and that it will be enforced. Because of this case, many schools changed or abolished their own policies regarding
This example of a Supreme Court case shows that the court is not above politics. Even though most Americans, including government officials, practiced some form of Christianity, the judges were not willing to compromise the information in the Constitution for the popular beliefs of individuals. I agree with the Supreme Court in its decision to ban the practice of prayer in public schools. Not only does it violate the Constitution, but it encroaches on our freedom of thought and action. Being excluded from a public classroom because of personal beliefs does not sound just.
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).
This case occurred after Roosevelt’s presidency, and left a significant impact on the American government, as it made clear that religion had no place in the government (Hugo Black).
A popular notion among many religious conservatives is the rejection of what is commonly referred to as the separation between church and state. They maintain the United States was founded by leaders who endorsed Christian principles as the cornerstone of American democracy, and that the First Amendment prohibition against government establishment was not intended to remove religion from public life. As a result, a number of disputes have made their way through to the courts, pitting those ready to defend the wall of separation, against those who would tear it down. Two recent cases have brought this battle to the forefront of political debate. The first involves an Alabama Supreme Court justice, who, in defiance of a Federal judge, fought the removal of a granite display of the Ten Commandments from the rotunda of the state courthouse. Also, a California man has challenged the constitutionality of the phrase “under God” in an upcoming Supreme Court case involving student recitation of the pledge of allegiance.
Religion has ingrained itself into mainstream American politics. The current Reform Party and many portions of the Republican party platforms evidence this.
Just like in Europe and many other parts of the world, religion has been on the decline for many years now in America. From the historical point of view, religion in America is very different from what it was in Europe. The first amendment of the American constitution forbids the state to establish an official church of the state. In other words, secularization is the very premise that America is built upon. In many European countries it is the complete opposite as in for example Sweden where the state church has played a huge role for centuries, and where the church was separated from the state only a few decades ago
With sounds of youthful laughter, conversations about the students’ weekends, and the shuffling of college ruled paper; students file into their classrooms and find their seats on a typical Monday morning. As the announcements travel throughout the school’s intercoms, the usual “Please stand for the Pledge of Allegiance” becomes no longer usual but rather puzzling to some students. “I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, indivisible, with liberty, and justice for all.” Confusion passes through some of the student’s minds. With the reoccurrence of “God” in the backdrop of American life, the relationship between church and state has become of little to no matter for American citizens just as it has with American students. While congress makes no law respecting an establishment of religion, the term “freedom of religion” presents itself to no longer be the definition of “free”, while also having its effects on debates today. According to Burt Rieff, in Conflicting Rights and Religious Liberty, “Parents, school officials, politicians, and religious leaders entered the battle over defining the relationship between church and state, transforming constitutional issues into political, religious, and cultural debates” (Rieff). Throughout the 20th century, many have forgotten the meaning of religion and what its effects are on the people of today. With the nonconformist society in today’s culture, religion has placed itself in a category of insignificance. With the many controversies of the world, religion is at a stand still, and is proven to not be as important as it was in the past. Though the United States government is based on separation of church and state, the gover...
The court system has jumped back and forth throughout the years and this may seem very confusing to the average person but they’ve never changed their mind on the big cases that were said in the previous paragraph. But the court seems to be sporadic in its decisions outside of these big cases. It all starts in 1962 when they held that prayer in the public schools was a violation of the first amendment.
It has been suggested that there is currently a culture war taking place in the United States. Depending on who you listen to, you will get vastly different descriptions of the two sides. Some will insist that the fight is between the upholders of strong Christian, moral values and godless, secular-minded, moral relativists. Others will tell you that defenders of religious freedom and rational thought are battling religious fundamentalists who wish to impose their radically conservative views on the whole of the American populace. Regardless of which way you view the debate, the entire so-called “culture war” boils down to a basic disagreement over the place of religion in public life. In light of President Bush’s recent nominations of John Roberts and Samuel Alito to the Supreme Court, I believe it is prudent to have a thorough discussion of the Constitutional principle of separation of church and state, because how the Supreme Court rules on issues related to this principle in the future will have a profound impact on how we define ourselves as a country. In order to conduct a thorough inquiry into this debate, I believe it is necessary to start at the beginning and attempt to discern how our founding fathers viewed religion’s place in public life, and how they relayed this view in the First Amendment. After I have done this, I will try to apply some of the principles I have gathered to current hot-button social issues which are likely to come before the Supreme Court in the not too distant future.
Eck, Diana L. A New Religious America: How a "Christian Country" Has Now Become the World's Most Religiously Diverse Nation. San Francisco: HarperSanFrancisco, 2001. Print
On January 1, 1802, Thomas Jefferson wrote a letter to the Committee of the Danbury Baptist Association in Connecticut in which he stated:
Without a God how do we know what is right from wrong. What is good or bad? The Ten Commandments tell us what is right or wrong and good or bad, but the constitution says the church has to be separate. If there is no God in our government we cannot have our Ten Commandments, how do we know what is right or wrong? The current opinion of courts is that the First Amendment bans religion in our government to protect the right to freedom of religion and freedom of expression from the government. The first amendment does not say church and state should be separate since our founders understood if church and state were completely separate, our government would fall apart.
The other purpose of this act was to “Provide result of a general or neutral law. ”(RFRA Summary, Map of the RFRA)The only exception to this rule is, If the government can demonstrate the following three things, that there is a compelling state interest, that a particular law, rule, decision or action actually furthers that compelling state interest, if there is a compelling state interest and this action furthers it, then the government must use the least restrictive means of furthering that compelling governmental interest. Notice that the burden is on the government; the government cannot simply state that it has a compelling interest, but it must also demonstrate each of the three requirements above. This section also states that this Act provides a cause of action or a defense for any person whose religious exercise has been burdened, and provides for legal fees.
America has been built on freedom throughout the years. Freedom to speak, freedom to choose, freedom to worship, and freedom to do just about anything you want within that of the law. America’s law has been designed to protect and preserve these freedoms. The First Amendment guarantees freedom of religion, speech, press, assembly, and petition. It assures citizens that the federal government shall not restrict freedom of worship. It specifically prohibits Congress from establishing an official, government supported church. Under The First Amendment, the federal government cannot require citizens to pay taxes to support a certain church, nor can people be prohibited from worshipping in any way they see fit. However, if a certain religion recommends a practice that is contrary to public morals, such as polygamy, Congress may prohibit such a practice (Weidner, Daniel, 2002). The people of the United States also have the right to assemble peaceably under the First Amendment. The only restriction comes from the word peaceably. Assembly may not be prevented, as long as the proper authorities have reasonable assurance that the meeting will be peaceful (Weidner, Daniel, 2002).