It's too bad that America's Founding Fathers didn't think to prohibit
government establishment of religion.
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.
U.S. District Judge Solomon Oliver Jr. of Cleveland ruled Dec. 20 that the city's state - enacted voucher plan violates the U.S. Constitution's ban on
a government establishment of religion.
The California Supreme Court rules that prayers at public - high - school graduation ceremonies violate the U.S. Constitution's ban on
government establishment of religion.
A federal district judge ruled that the display is an unconstitutional
government establishment of religion.
A special public - school district set up to serve students with disabilities from a Hasidic Jewish village in New York State represents an unconstitutional
government establishment of religion, a state judge has ruled.
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.
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 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.
Even if their transformative methods work, they constitute an example of
government establishment of religion.»
Although it is certainly true that the Charter (Canada's constitutional bill of rights) does not contain an explicit textual limitation on
government establishments of religion, this prohibition is effectuated in other ways...
Not exact matches
Constitutional Amendment 1: «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»
«Believing with you that
religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers
of government reach actions only, & not opinions, I contemplate with sovereign reverence that act
of the whole American people which declared that their legislature should «make no law respecting an
establishment of religion, or prohibiting the free exercise thereof,» thus building a wall
of separation between Church & State.»
The First Amendment states that our
government shall NOT RESPECT the
establishment of a
religion.
The «
establishment of religion» clause
of the First Amendment means at least this: Neither a state nor the Federal
Government can set up a church.
Strict «Separationists» have questioned the legality
of this because they state that it violates United States Const.itution which forbids the
government from passing any law respecting the
establishment of a
religion.
Ever since 1947, when the Supreme Court first applied the First Amendment's
establishment clause to the states in Everson v. Board
of Education, the court has held that
government must be neutral on matters
of religion.
Under the
establishment clause every person is also entitled to
government that does not sponsor, support or inculcate one
religion,
religion in general or all
religions collectively; that does not prefer one
religion over another; that does not build up the real estate or the personnel
of a religious institution or set up religious proprietaries not required to supply state - impaired religious access; and that does not compose, initiate or promulgate official prayers, rites or liturgies, or otherwise «play church.»
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 task is to extend the First Amendment's prohibition
of an
establishment of religion and abridgement
of speech and press to private as well as public
government.
Lets look at the 1st 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.
[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.
They can not,
of course, use
government funds overtly to evangelize or proselytize because that would constitute «
establishment of religion.»
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).
«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 peti.tion the
Government for a redress
of grievances.»
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 to peaceably assemble, and to petition the
government for a redress
of grievances.
«Believing... that
religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legitimate powers
of government reach actions only, and not opinions, I contemplate with sovereign reverence that act
of the whole American people which declared that their Legislature should «make no law respecting an
establishment of religion, or prohibiting the free exercise thereof,» thus building a wall
of separation between Church and State.»
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.
Believing with you that
religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers
of government reach actions only, and not opinions, I contemplate with sovereign reverence that act
of the whole American people which declared that their legislature should «make no law respecting an
establishment of religion, or prohibiting the free exercise thereof,» thus building a wall
of separation between church and State.
The strict separationists — those who condemn every financial or ceremonial link
of government with
religion — have succeeded in persuading the courts over the past half - century to dismantle or forbid any church - state association that might be viewed as an «
establishment of 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?
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.
In its 2002 decision in Zelman v. Simons - Harris, the U.S. Supreme Court erased all doubt as to whether the use
of government funds to send children to religious schools violates the First Amendment's ban on the «
establishment of religion.»
The First Amendment's prohibition against governmental
establishment of religion was written on the assumption that state aid to
religion and religious schools generates discord, disharmony, hatred, and strife among our people, and that any
government that supplies such aids is to that extent a tyranny....
The Lansing School District refused the Pecks» request, stating that the
Establishment Clause
of the First Amendment to the United States Constitution precluded its provision
of those services at Our Savior Lutheran School, because provision
of these services at a parochial school would constitute excessive entanglement
of government and
religion.
Congress shall make no law respecting an
establishment or
religion or prohibiting free exercise thereof, or abridging the freedom
of speech or
of the press, or the right
of people peaceable to assemble and to petition the
government for a redress
of grievances.
«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.»
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.»
The
government disputes that the
establishment clause applies here, but says even if it does, the «text, legislative history, and implementation [
of the executive order] all confirm that its «official objective» is
religion - neutral.»
Title VII
of the Civil Rights Act
of 1964 (Title VII), which prohibits employment discrimination based on race, color,
religion, sex, or national origin; the Equal Pay Act
of 1963 (EPA), which protects men and women who perform substantially equal work in the same
establishment from sex - based wage discrimination; the Age Discrimination in Employment Act
of 1967 (ADEA), which protects individuals who are 40 years
of age or older; Title I and Title V
of the Americans with Disabilities Act
of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local
governments; Sections 501 and 505
of the Rehabilitation Act
of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal
government; Title II
of the Genetic Information Nondiscrimination Act
of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and the Civil Rights Act
of 1991, which, among other things, provides monetary damages in cases
of intentional employment discrimination.
Many conservatives in the United States are strong supporters
of the free exercise clause, but think that the
establishment clause should only apply to the federal
government (so the state and local
governments can establish a
religion).
Taking the US as an example, the Constitution states 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.