“The purpose of separation of church and state is to keep forever from these shores the ceaseless strife that has soaked the soil of Europe for centuries.” James MadisonOur founding fathers knew the cost that often occurred when a nation state was ruled by a religious group. The Puritans and Quakers came to the New World to break away from the Church of England. The church had strict rule over the state. Any act against it was considered treason.
They had observed what had occurred in the Spanish Inquisition, which started in 1478, where the Catholic Church tried people as heretics.
Within their own borders, there were the Salem Witch trials (Feb. 1692 - May 1693). These trials actually occurred in a number of municipalities in Massachusetts. Basically, religious fanatics took over the court systems.
The Establishment Clause of the First Amendment prohibits the establishment of a national religion by the Congress or the preference of one religion over another, non-religion over religion, or religion over non-religion.
“Congress shall make no law respecting an establishment of religion, or prohibiting the exercise thereof.”Many people harbor the misconception that the statement, “separation of church and state” occurs in the Constitution.
The amendment places no restriction on religions except that a religious denomination can not become a state religion. No individual can be prosecuted for his religious beliefs. Church’s stay out of the state’s business and the state stays out of the church’s business.
Catholicism and Islam both hold that there should be no separation of Church and State. The Catholic Church’s 1983 Canon Law proclaims that “Christ’s faithful are to strive to secure that in the civil society the laws which regulate the formation of the young also provide a religious and moral education in the schools that is in accord with the conscience of the parents"- in other words, that their religious dictates should be taught in the schools. Islam holds that all political life must exist within Islamic law.
The Supreme Court has consistently ruled that religious beliefs should not be allowed in STATE institutions. In 1962, it banned from public schools all public prayers and religious readings done for religious purposes. The important phrase in this ruling is “done for religious purposes”.
Generally, a majority of voters in America favor prayer in schools. But the Supreme Court has interpreted the Establishment Clause as giving minority religions (or those with no religious beliefs) protection against having a majority religion forced on them by the state. Again, this only holds for official state institutions - such as schools.
Voluntary prayer meetings at the Department of Justice, voluntary prayer at meals in US armed forces, inclusion of the (optional) phrase “so help me God” in the oaths of many elected officials - have been held to not violate the First Amendment as they are not MANDATORY - an individual can choose to not participate
Expression of religious beliefs, (Christmas trees, nativity scenes, singing Christmas carols) is not banned - as this falls within the realm of free exercise of religion.
My Personal Opinion: I’m Jewish and love the Christmas holiday season. I enjoy the Christmas trees, lights, music, and decorations. I am not “offended” by a nativity scene. Christmas is celebrating the birth of Christ, so I see nothing wrong in providing a depiction of his birth.
I will digress for a minute: Religious tolerance is an inherent aspect of Judaism. We do not “solicit business” nor is evangelism allowed. Although the name belies it, “Jews for Jesus” is not a Jewish organization - as its main goal is to convert Jews over to Christianity.
Working to convert someone to a different religion - whether non-Jewish to Jewish or Jewish to non-Jewish is expressly forbidden in Judaism. Conversion to Judaism is, of course, allowed but should only be initiated through a person's "inner voice" and not through that of someone outside himself.
Christmas trees and decorations in a shopping center are allowed as it is a public, not state, building. Those who do not like this, do not have to go to this shopping center.
As atheists and agnostics do not recognize this holiday, they will have no reason to shop for gifts anyway. The shopping center may lose these customers (probably only during the holiday season) - who represent a minority of the population.
I would suggest that those who find these symbols offensive should stock up on food, supplies etc. before Thanksgiving - as that is the date that most stores choose to start decorating for this National Holiday!
Here is something to chew on concerning "separation of church and state":
ReplyDeleteIn 1789, at the adoption of the Constitution, 6 of the 13 states had their own established religions. Massachusetts, for example, did not end its state sponsored religion until 1833.
They don't teach that in school!
Whoa! I just learned something! The Constitution states no national religion but doesn't restrict a sovereign state from establishing its own religion.
ReplyDeleteI was so focused on the federal system, it didn't dawn on me that individual states, at that time, could have had their own established religion. You would think, with the Witch Trials, that Massachusetts would have been the first to abolish a state sponsored religion!
Thank you for that information.
Need more input? Read the Treaty with Tripoli, passed by the Congress and signed by President John Adams: "As the government of the United States is not, in any sense founded on the Christian religion,-as it has in itself no character of enmity against the laws, religion or tranquility of Musselmen,-"
ReplyDelete—U.S. Treaty with Tripoli, Art. II, 1797