U.S. District Court Judge William H. Orrick of San Francisco rejected arguments that the so - called «off the top» funding method violates the First Amendment's ban on government
establishment of religion by giving an unfair edge in funding to religious schools.
Neither can pass laws which aid one religion, aid all religions, or prefer one religion to another... in the words of Jefferson, the [First Amendment] clause against
establishment of religion by law was intended to erect «a wall of separation between church and State»... That wall must be kept high and impregnable.
Not exact matches
Existing constitutional provisions against
establishments of religion did not bar public spending on education from reaching schools with religious affiliations, and Blaine's amendment did not propose to alter this arrangement except
by excluding Catholics.
It was the belief
of all sects at one time that the
establishment of Religion by law, was right & necessary; that the true
religion ought to be established in exclusion
of every other; And that the only question to be decided was which was the true
religion.
Though the English allowed the Dutch Reformed Church to receive public support
by taxation, they sought the official
establishment of Anglicanism as the
religion of the colony.
It was the Universal opinion
of the Century preceding the last, that Civil Govt could not stand without the prop
of a Religious
establishment, & that the Xn
religion itself, would perish if not supported
by a legal provision for its Clergy.
The emigration - fueled growth
of religious pluralism and internal religious splits found in practically all
of the colonies» combined with the principled arguments leading toward religious liberty put forth
by William Penn, Roger Williams, and later Thomas Jefferson and James Madison» led, in meandering and often inadvertent fashion, to the principles
of «no
establishment» and «free exercise»
of religion embodied in the First Amendment.
the purpose why God allowed multiple
religions to evolve and exist in the distant and even today is because our minds intellectual capacity has increased tremendously after we became civilized about 10,000 years go.Earlier when we were hunter gatherers our priorities was just to find food to survive, Then we became more knowlegible and our concern includes the intelle tual need to understand the meaning and purpose
of our existence, so God allowed the founding and
establishment of many
religions by humans to conform with their intellectual, social and educational development, Since this is not static, it contiually diversify and change to conform with their times
of existince, History showed that this is continuesly improving, so the future expects changes towards Panthrotheism in accordance to His will.
There is no where in any part
of Quran or Sunnah where it says people or youth are to be chained... and kept in dungeons... Thisnis ignorance, arrogance and conspiracy done
by ill hearted people in the name
of religion when it is
by no mean a part
of religion... I have seen such cases only at remote poor areas when they have mentally sick youth or people who could be dangerous for others and can not afford to hospitalize are being kept chained like that but not in religious
establishments, rather at places where fraud witch doctors who claim that those are possessed...!!!
Most
of this tamed
religion seems even more extravagantly appreciative
of official policy than any historic
establishment feared
by our Founding Fathers.
There is a big difference between government having people in it and policies affected
by beliefs (religious or otherwise) but that is a far cry from a theocracy or an
establishment of one
religion over another which is what the Founders were leery
of.
The latter investigations were carried on
by a school
of students
of religion who aspired to emancipation from theological conceptions, working for the
establishment of a science
of religion on the basis
of the critical (historical and philological) and comparative methods.
School - led prayer — Nope that would be an
establishment of religion Teaching Creationsism (no matter
by what name)-- Nope,
establishment of religion.
courses in the curriculum — especially the saturation
of home economics courses with pop humanistic psychology — constitute the «
establishment of religion» forbidden
by the Constitution's First Amendment.
Passage
of the
Religion Clauses
of the First Amendment («Congress shall make no law respecting an
establishment of religion or prohibiting the free exercise thereof...») was one
of the first effective exertions
of political muscle
by minority groups in the United States.
[1] The
Establishment Clause has generally been interpreted to prohibit 1) the establishment of a national religion by Congress, or 2) the preference by the U.S. government of one religion
Establishment Clause has generally been interpreted to prohibit 1) the
establishment of a national religion by Congress, or 2) the preference by the U.S. government of one religion
establishment of a national
religion by Congress, or 2) the preference
by the U.S. government
of one
religion over another.
By striking down religious exercises in the public schools on the grounds that they were an
establishment of religion and therefore in violation
of the First Amendment.
Early in this awakening there appeared the new traditionalist movement, led
by Timothy Dwight, who preached return to the old order, aroused the populace against the dangers
of foreigners, attacked deistic heresies and rebellion among the youth, and urged maintaining the old
establishment of religion.
The religious instruction was upheld
by a circuit court and the Illinois Supreme Court, but the U.S. Supreme Court ruled 8 to 1 that the classes violated the First Amendment clause barring the «
establishment of religion.»
The
Establishment Clause thus stands as an expression
of principle on the part
of the Founders
of our Const.itution that
religion is too personal, too sacred, too holy, to permit its «unhallowed perversion»
by a civil magistrate.»
Judge Graham expresses in his decision thoughts that
by now should be quite familiar to our readers: «The Justices
of the Supreme Court disagree among themselves on the proper role
of religion in public life and the extent
of the Court's authority to decide these issues under the
Establishment Clause.
Under the test, first proposed
by Supreme Court Justice Sandra O'Connor in a 1984 case from Pawtucket, Rhode Island, a display violates the
Establishment Clause if it amounts to an official endorsement
of religion, that is, if it suggests that the government approves a particular religious message (or disapproves such a message, though that issue does not regularly arise).
This solidarity alone is the best form to counter the obscurantist communalism, a game played
by the elite and the state and the
religion of the
establishment.
This rejectionism had, over time, crystallized — some would say, fossilized — into the view that the legal
establishment of the Catholic Church as the official
religion of the state was the desired arrangement (the «thesis,» in the theological jargon
of the day), while other arrangements (like the American constitutional order) were mere «hypotheses» that could, under certain historical circumstances, be «tolerated» — even as Catholics in countries governed
by the «hypothesis» worked for the day when the «thesis»
of Catholic
establishment could be....
He made a plea for what he called pioneer
religion — in which God the trail boss and Jesus the scout lead the church, a covered wagon always on the move, as the minister dishes up for the pioneers fresh meat brought in
by the Holy Spirit — over settler
religion in which God the mayor and Jesus the sheriff run the church as a courthouse and the minister - banker protects the interests
of the religious
establishment.
Something I haven't seen anybody mention before is that even though the government does establish nor prohibits
religion (
Establishment Clause and Free Exercise Clause
of the First Amendment,) the system
of laws can inadvertently end up being setup to practically prohibit being a Christian
by the advocacy
of certain groups who go above and beyond to have the courts rule in such matters.
Hart's scenario begins with the decline
of religion («denatured ecclesial
establishments») making possible «late modern secularity» informed
by a «purely negative understanding
of social and political liberty,» which is to say, freedom from interference with one's desires and goals.
In a set
of resolutions submitted
by Madison to the First Congress we find the term «rights
of conscience» as a third item after the prohibition
of the abridgment
of civil rights on account
of religious belief and the prohibition
of the
establishment of a «national
religion.»
WAIT WAIT WAIT WAIT — «Congress SHALL MAKE NO LAW for the
establishment of any religious denomination» --(which BTW — is NOT what it says, if you're going to reference the constitution, try not to look like an idiot
by referencing it WRONG)... so you want government out
of religion... but you want your happy little tax exempt status?
The Nov. 9 high court action leaves intact a ruling
by the Wisconsin Supreme Court that said the voucher program's inclusion
of religious schools does not violate the U.S. Constitution's prohibition against government
establishment of religion.
A group
of state taxpayers has challenged the programs, enacted
by the state legislature in 1984 and 1985, as violating the clauses in the New York State and United States constitutions that bar government
establishment of religion.
The U.S. Court
of Appeals for the 9th Circuit, in San Francisco, voted 15 - 9 against formal reconsideration
of the 2 - 1 ruling last June
by a panel
of the court that the inclusion
of the words «under God» in the pledge was an unconstitutional government
establishment of religion.
The Louisiana Supreme Court held that spending tax funds for secular educational services from teachers employed
by private schools violated three provisions
of the Louisiana Constitution: the prohibition against the enactment
of any law respecting an
establishment of religion and two Blaine Amendments subsequently repealed in 1973.
All persons shall be entitled to be free, at any
establishment or place, from discrimination or segregation
of any kind on the ground
of race, color,
religion, or national origin, if such discrimination or segregation is or purports to be required
by any law, statute, ordinance, regulation, rule, or order
of a State or any agency or political subdivision thereof.
I do see parallels between the two, especially given the statement above
by Editors in comment 4 — ``... if it is a
religion, it is a
religion of the
establishment.
This viewpoint was rekindled recently
by Edward Whelan, writing for the National Review web site: «In every major
establishment - clause case during his three decades on the Court, Stevens has concluded that government policies that accommodate or support
religion are unconstitutional, even if they are an excepted part
of our political and cultural heritage.»
Nothing in this article shall constitute an
establishment of religion (amended
by Chapter 558, Acts
of 1970, ratified Nov. 3, 1970).