Separation of Church and State

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1 By Jared Gabel Separation of Church and State the relationship between the religion or religions of a nation and the civil government of that nation, especially the relationship between the Christian church and various civil governments. - The Columbia Encyclopedia 1

2 History Pre-American History Throughout history the majority of countries were touted as a country for one religion or another. This has sparked wars, persecution and other extreme ideas such as discrimination based on race, gender and birth. History Cont. American History 1776 Declaration of Independence - Refers to the Creator 1779 Religious Freedom in Virginia - Thomas Jefferson, concerned with the power of the Church of England in America wrote An Act for Establishing Religion Freedom 1788 The Godless Constitution - The Constitution was written with no mention of a god or a creator The First Amendment - Protects free speech and religion as well as stopping the government from making pro-religious laws. 2

3 The First Amendment "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. - The First Amendment, United States Constitution History Cont American History Cont Treaty of Tripoli - Stated the United States has no national religion The 14 th Amendment - "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States Everson v Board of Education - First Supreme Court case concerning Separation of Church and State Under God added to Pledge of Allegiance - By President Eisenhower 1993 Religious Freedom Act - Granted special religious privileges to groups and hindered law that affected religions Religious Freedom Act deemed unconstitutional Elk Grove School District v Newdow - First Supreme Court case concerning the Pledge of Allegiance. 3

4 Arguments For The Equality Argument The world is host to many different deities and beliefs. No population in any given area is completely devoted to one belief or another. A government that proclaims equality cannot adhere to such an idea if it caters to one religion over another. Therefore it is best to separate religion and government for the wellbeing of all people. The Flying Spaghetti Monster In 2005 the Kansas City School Board proposed to teach creationism along side of Evolution. In an attempt to make a point of the futility of such an effort Bobby Henderson wrote a letter that if they teach about the Judeo Christian creation story then they must teach about his god, the Flying Spaghetti Monster. 4

5 Arguments For Cont. The War Argument Religion has been a major source of persecution and war throughout history. If the United States combined religion and state it may become a target or source of (more) religious aggression. Therefore to protect the United States from war it is best to separate religion and state. Arguments Against The Morality Argument Religions contain morals about how one should treat their fellow man. (Ex: Ten Commandments) If these basic morals were not followed then civilization may be unable to function. (rampant stealing, murder, ect.) Therefore it is imperative that religion and government are intertwined to provide the basic fabric of morality as well as preserve civilization. 5

6 Arguments Against Cont. The Public Square Argument The Separation of Church and State leaves the public and its institutions bear of religious speech. The lack of open religion can cause hostility towards religions. Such hostility goes against the first amendment. Therefore Separation of Church and state is unethical as it discriminates against religious believers. Questions Has the United States really separated religion and state? Did the founders of the United States have a specific religion in mind when writing the constitution? Is Under God in the pledge of allegiance a violation of the first amendment? Is it possible to represent all religions equally? Do religious beliefs make someone a better, morally sound individual? 6

References Websites Robinson, B.A.. "Separation of Church and State." Religious Tolerance. 2007. 15 Nov 2008 <http://www.religioustolerance.org>. Cornell University Law School.

7 References Websites Robinson, B.A.. "Separation of Church and State." Religious Tolerance Nov 2008 < Cornell University Law School. Supreme Court Cases, Nov 2008 < Others Church, Forrest. Separation of Church and State. Beacon Press, New York, 2004 Divine, Robert A. America Past and Present, 7 th Ed, Pearson Longman, New York, 2005 (Constitutional and Amendment references) 7

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