The Ten Commandments and the Establishment Clause

When discussing the intertwining of church and state; soul liberty and freedom from religious belief, we must recognize that freedom and faith were at one point complementary ideas. Faith was once the foundation for freedom and vice versa. The Declaration of Independence clearly states, "We hold these truths to be self-evident, that all men are created equal and endowed with certain inalienable rights." With these words from the Declaration of Independence, our founding fathers set up their vision of what this country would come to be. Among those rights, which are deemed “inalienable”, is the right of religious liberty. (Neumann, 1990: p. 241)

Summary: The division between church and state is a gray line that is often crossed and argued about. For example, Gwen Wilde, the author, argues that the words “under God” in the Pledge of Allegiance requires people who do not believe in God to recite something they do not necessarily believe in. If a person chose not to say the full Pledge, including to utter the words “under God” they run the risk of being called unpatriotic. The author continually argues that the words “under God” add a religious doctrine that not all Americans believe in.

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,

In fact, nowhere in the Constitution do we have a single mention of Christianity, God, Jesus, or any Supreme Being. There occurs only two references to religion and they both use exclusionary wording. The 1st Amendment 's says, "Congress shall make no law respecting an establishment of religion. . ." and in Article VI, Section 3, "...no religious test shall ever be required as a qualification to any office or public trust under the United States."

The portrayal of the separation of church and state, and the harmony in the middle of law and religion, is one of persevering disarray in current American protected hypothesis and origination. The Establishment Clause of the First Amendment of the United States Constitution is generally accepted to be the determination of this mass of partition, on the other hand, the Framers never purposed such a divider. Some portion of the perplexity in comprehension religious freedom inside of the setting of the political, lawful, and social measurements of America lives in the United States Supreme Court's foundation and free practice

The First Amendments Establishment clause prohibits the government from making any law “respecting an establishment of religion.” One argument regarding to The Establishment Clause is how to manipulate the government’s actions that relate to religion. (law.cornell.edu) The First Amendment also has a Free Exercise Clause. This clause protects citizen’s right to practice religion to their will. Their right is protected as long as their practice does not disturb “public morals.” (uscourts.gov)

History shows a pattern of change in relation to religious involvement of governmental affairs. As religion becomes less a part of American life, the court develops new laws to accommodate our new society. Look to the communities we live in presently and ask yourself if the American people are facing oppression of religious freedom, a freedom listed in our Constitution under the First Amendment. This spirals into an abyss of politics. Is same-sex marriage a personal matter or a public one? Is the Republican Party fair in opting to end abortion? Should a woman have contraceptive included in her health insurance plan despite the religious views of her employer? This is one of the areas in which

The First Amendment to the United States Constitution founded the concrete belief that government and faith-based institutions must and will remain separate from one another. This section of the first amendment disavows the U.S. government to establish or sanction any system of organized faiths or religions upon the people or to outlaw or disgrace any systems of organized faiths as well. But the line discerning the legitimacy of a faith and the true extent of the government's power over faith-based organizations has only remained to become muddled over the past 240 years of its establishment. Over the years, the ideology and true intent of the founding fathers had remained in question, where some believe the amendment addresses to the general

Even when the Constitution establishes a separation between church and state, traces of religion can still be found in public and government environments, such as the Pledge of Allegiance containing the words ‘under God’, American currency having ‘In God we trust’ and other such events and places. Consequently, this prevalence of Christian ideology violates all Americans’ first amendment right to freedom of and from religion and has a negative impact all citizens as it conflicts with their individual beliefs, religious or not.

The First Amendment ensures that there is separation between Church and State. However, this disjunction is not absolute. As the United States has become a more multi-cultural society, certain rituals have become problematic. Some issues were traditions that put one religion at the forefront, violating of the Establishment Clause; other issues affected peoples’ right to free expression of their religion. Many times people do not realize the Judeo-Christian bias in our culture because it is so integrated into our way of life. This country needs to recognize these biases and address them as the United States become a more diverse population.

The United States of America prides itself in being a free country, but was it always as free as it is now? No. The lives of Mary Dyer and those executed in the Salem witch trials would be different if the establishment clause was enforced by the Puritan society because the church and state would be separate, allowing Mary Dyer and the people of Salem to practice religion freely. The establishment clause is part of the first amendment, which includes freedom of speech, freedom of religion, freedom of press, freedom of peaceful assembly, and freedom of petitioning the government. The establishment clause is included in freedom of religion.

The first amendment consists of two provisions: the establishment clause and the free exercise clause. The establishment clause was set forth to prevent government from “establishing” a religion. For example, if a government were to publically fund a church this would be considered an attempt of the government to establish a religion. The free exercise clause was enacted to endow every individual the right to practice their religion freely so long as it does not interfere with “public morals”. Thus, the establishment clause is directed more towards the government’s actions whereas the free exercise clause is directed at citizens and limits the “free” aspect of an individual’s right to practice their religion if needed be.

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.

The first amendment prohibits the government from declaim one particular religion the “American religion”. If it is supposed to be separate then why do we use the Bible, a Christian symbol, in court to swear upon it before saying a word? The Court does this because the Bible is meaningful to most people in America and the government needs a symbol with meaning to swear upon, otherwise people will lie in court.