Thursday, October 28, 2010

Separation of Church and State

So this is becoming a big topic of discussion ever since Christine O'Donnell failed to realize that the Constitution addresses this issue in the First Amendment. [Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.]

Conservatives, of course, love to scream, that this text fails to use the exact expression "separation of church and state" and love to tell us that this precise expression comes only from a letter written later on by Thomas Jefferson. But the issue, of course, is what the "establishment clause" means in practical terms. And if that can be accurately characterized as the separation of church and state, shouldn't we be allowed to talk about it thus.

What the Constitution states, as fundamental law of the land, is that no citizen shall be prevented from the free exercise of his/her religious beliefs. That applies to any religious belief, including the refusal to have any religious belief. That includes Buddhists, Muslims, Jews, etc. as well as Christians. That's in our cherished melting-pot country! Where is that anti-Muslim sentiment now?

So Congress may not make a law establishing a national religion. That means that wherever Congress has authority no religion can be singularly preferred. Education is an interesting example. The concept of public schools and required elementary education originated in the Federal government. Today, the Federal government continues to provide a large portion of funding for public schools. This means that the Federal government has jurisdiction in public education. Hence, classes in Christian religion, support of Christian positions against instruction in biological evolution, and other situations in which Christian views are supported in opposition to others cannot be tolerated. To do so is to place the Federal government in the position of establishing Christianity as a state religion.

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