Separation of Church and State, or Not? Essay

Religion is one of the most controversial issues in society today. The concern of allowing prayer in schools is an on-going debate and has resulted in numerous lawsuits. Religious school clubs, after school activities, curriculums, and moments of silence during school are just a few of the court cases that judges have administered. People in favor of prayer in schools believe that their children can only learn certain values through religious practice. On the other hand, an individual against religious practice in schools views this issue as an infringement on his or her children’s rights as Americans.

Since the Declaration of Independence was drafted founding itself on individual privileges and choice, happiness and democracy, a multitude of concerns have kindled the rights disputes that we see making law an active and continually growing and interesting area of interest today. Issues arose included women suffrage, civil equality, slavery, the ability to hold a religious forum, along with many others. And, though the context and times have significantly changed with these concerns there still remains a constant struggle between state, religion, and schools. Prayer in public schools is still a topic of conversation. The giving of religious gifts to administrators and the funding of schools through tax-payer monies are

Since the founding of America, there has been concern with the church manipulating government. The separation of Church and State was to make sure the church did not become more powerful than government. In spite of wanting a separation of church and state, The United States of America became one nation under God. The earliest test of the separation of church and state with respect to education is McCollum versus Board of Education. This was a landmark case the United States Supreme Court in 1948 ended the power of a state to use its tax-supported public school system in aid of religious instruction. “The court case which prohibited the state from sponsoring specific prayers in public schools was Engel v. Vitale, decided in 1962 by an 8-1 vote.” (Cline p) It is unconstitutional to compose a school prayer and make students repeat it daily. Although these cases protect our religious freedoms, there is some fear that expelling God from public school has adverse effects. God can still be present; teachers can lead by example and teach behaviors and ethics that

"Prayer has been banished from schools and the ACLU rampages to remove “under God” from the Pledge of Allegiance. Moreover, “Separation of Church and State” is nowhere found in the Constitution or any other founding legislation. Our forefathers would never countenance the restrictions on religion exacted today." -- Bill Flax, Forbes, 2011

aid one religion, aid all religions, or prefer one religion over another," (Hudson), as the Establishment Clause was defined by the Supreme Court Justices to mean by the case decision of Everson v. The Board of Education (1947). Any theological discussion about this prayer is left to religious schools outside of public schools, in which enrollment is not enforced and is based solely upon the parent's wishes. The prayer is only twelve seconds in duration, out of the 86,400 seconds in a day, and the same length , if not less, than that of the Pledge. Also, one of the seven principles of the Constitution is popular sovereignty, which means the majority vote of the people rules. Only the parents of ten pupils took this issue to court. That’s ten out of hundreds of students in the school district. Obviously, the majority is in favor of this prayer and the minority's wishes are still respected since they are given the choice to sit out of this

In response to the Supreme Court’s ruling in the Santa Fe Independent School District V. Doe (SFISD V. Doe) case, Chief Justice Rehnquist commented, “It [the ruling] bristles with hostility to all things religious in public life” (“United”). Separating religion and state has always been a matter of concern for the United States, as shown by the Establishment Clause in the First Amendment of our constitution. Although there have been many cases revolving around the relationship between the church and the state, SFISD V. Doe is among the most notable. By examining the background, reflecting on the decision, and analyzing the impact of the SFISD V. Doe case,

The case of Wallace v. Jaffree calls into question the constitutionality of an Alabama statute that authorized teachers to lead a one-minute period of silence for “meditation or voluntary” prayer in all public schools. Ishmael Jaffree, the parent of three students in the Mobile County Public School system filed a complaint that two of his three children had been “subjected to various acts of religious indoctrination,” as a result of Alabama statute 16-1-20.1 and asked for an injunction prohibiting Mobile County schools from “maintaining or allowing the maintenance of regular religious prayer services.” The purpose of Jaffree’s complaint was to prohibit the devotional services occurring in his children’s school and the consequent mockery of his children that occurred when they refused to recite the prayers to “Almighty God” (Stevens, 40). This type of law in Alabama public schools was not the first of its kind. Prior to statute 6-11-20.1, Alabama passed law 16-1-20 authorizing one minute of silence in public schools for meditation. After the authorization of statute 16-1-20.1 came 16-1-20.2, which allowed teachers to lead “willing students” in a prayer (Stevens, 40).

The Courts decision was in favor or Vashti McCollum by a vote of 8-1ruling that the religious classes was unconstitutional. Justice Hugo Black stated

In cases having to do with constitutionality, the issue of the separation of church and state arises with marked frequency. This battle, which has raged since the nation?s founding, touches the very heart of the United States public, and pits two of the country's most important influences of public opinion against one another. Although some material containing religious content has found its way into many of the nation's public schools, its inclusion stems from its contextual and historical importance, which is heavily supported by material evidence and documentation. It often results from a teacher?s own decision, rather than from a decision handed down from above by a higher power. The proposal of the Dover Area School District to

Despite adopting this test, the Supreme Court has been quick to disregard the test and lower the wall separating issues of state and faith as long as educational barriers such as the banishment of school prayer remained untouched. This quick change was evident in the 1981 ruling by the court that a law that prohibited the use of public school properties and campuses for religious purposes unconstitutional was deemed itself unconstitutional. This slow reduction of the separating wall was evident in many more cases through the Supreme Court's following history; cases such as deeming acts of the University of Virginia unconstitutional, who violated the free speech of a fundamentalist Christian group by not funding their magazine. Other following cases slowly deemed the funding of Christian organizations and schools more acceptable as Christian books and financial aid to said students, was deemed constitutionally sound if the aid went to the school, not to the students. These establishment issues not only of education but on the use of religious displays and depictions in

During the 1970s the court reviewed the constitutionality of compelled exemptions for religiously motivated conduct (1673). In Wisconsin v. Yoder the Court held that there was an important state interest in universal education but the law to compel students to go to school infringed on the free exercised rights. Chief Justice Burger, “lauded the virtues of the Amish and their social practices. In Employment Division v. Smith, the Court held that the use of peyote for religious purposes does not protect the persons from a denial of unemployment benefits. Justice Scalia stated, “We have never held that an individual’s religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that the State is free to regulate” (1676).

Separation of church and state is a defined as, the understanding of the intent, and function of the Establishment Clause, and Free Exercise Clause. The Combination of church and state has been a topic that, many generations have struggled with for centuries. The first amendment of the constitution states that “Congress shall make no law about our religious beliefs, or prohibiting our free exercise of religion” If we put our faith in the constitution to define the founding father’s standpoint of separation of church and state, then we have definitely misinterpreted their stance on religion. Many people believe the reference to separation of church and state is in the original constitution, but the truth is, the references, often conceptualized and misinterpreted as intertwining with our religious freedom, but that is not the truth.

The above quote is the first amendment of the Constitution of the United States. In no part does our constitution mention a “separation of church and state.” What it does mention is that Congress is forbidden to tamper with the religious beliefs and practices of its people.

Morals are norms of behaviour that the society acknowledges. Religion sets rules and customs for its followers. These religious rules influence the legislative system. If religion plays a role in government policies, it would also influence laws. For example, religious beliefs and morals influence abortion laws in many parts of the world. It is still looked upon as morally wrong on the basis of religious ideas to undergo an abortion procedure. Phillip Montague points that “legal and political debate and decision making should be governed by standard criteria for assessing reasons and reasoning, and when religious considerations fail to satisfy such criteria, they should not be allowed to influence matters of law and public policy” (Montague 17). He further states that these matters consist of abortion, capital punishment, and euthanasia along with numerous subjects of social justice such as welfare policies. Montague claims that in comparison with secular reasons, “religious reasons fail by a wide margin to deal adequately with the complexity of such issues” (Montague 17). For instance, a person who argues that homosexuality is morally wrong for the reason that it opposes the divine law would be referring to religious grounds to support his argument and not secular. Individuals should not be arguing for restrictive laws or policies if they do not have secular grounds to support them. They should only put across views that are

Many of Washington’s fellow statesmen expressed similar feelings. In his famous letter to the Danbury Baptists, Thomas Jefferson reassures the Baptists of their right to religious freedom by saying, "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."