The Separation of Church and State: Interpreting the Constitution
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About this ebook
Jason Porterfield
Jason Porterfield has made his home in places abandoned by society, from Canada’s poorest neighborhood to the slums of Indonesia. His passion is to cultivate God’s shalom wherever it is painfully absent and to help churches embrace their peacemaking vocation. In 2007, Jason joined Servants (servantsasia.org), an international network of Christian communities living and ministering among the urban poor. He was a founding member of the Servants team in Vancouver, started a new team in Indonesia, and directed operations in North America through 2015. Jason holds a master in theology from Fuller Theological Seminary and now lives in his riskiest location yet: next door to his in-laws.
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The Separation of Church and State - Jason Porterfield
UNDERSTANDING THE UNITED STATES CONSTITUTION™
Published in 2015 by The Rosen Publishing Group, Inc.
29 East 21st Street, New York, NY 10010
Copyright © 2015 by The Rosen Publishing Group, Inc.
First Edition
All rights reserved. No part of this book may be reproduced in any form without permission in writing from the publisher, except by a reviewer.
Library of Congress Cataloging-in-Publication Data
Porterfield, Jason.
The separation of church and state : interpreting the Constitution/Jason Porterfield.
pages cm. — (Understanding the United States Constitution)
Includes bibliographical references and index.
ISBN 978-1-4777-7508-0 (library bound)
1. Church and state—United States—History—Juvenile literature. 2. Religion and politics—United States—History— Juvenile literature. 3. Freedom of religion—United States— History—Juvenile literature. 4. Religion in the public schools—United States—History—Juvenile literature. I. Title. BR516.P675 2015 342.7308’52—dc23
2013044754
Manufactured in the United States of America
Introduction
CHAPTER ONE
A New Nation of Faiths
CHAPTER TWO
Religion in the Nineteenth Century
CHAPTER THREE
Testing Legal Waters
CHAPTER FOUR
Years of Upheaval
CHAPTER FIVE
Renewed Battles
CHAPTER SIX
After the Lemon Test
CHAPTER SEVEN
Old Tensions in a New Era
Glossary
For More Information
For Further Reading
Bibliography
Index
In May 2013, the U.S. Supreme Court announced that it would hear the case Galloway v. Town of Greece during its nine-month term beginning that October. It would be the latest in the Court’s long history to deal with the separation of church and state.
The case revolved around the Greece, New York, town board’s use of prayer at the opening of each meeting. Volunteers from the town read the prayers. In 2008, two residents sued the town, claiming the practice violated the First Amendment by endorsing religion. They further argued that the majority of prayers recited were Christian prayers. When they complained, they were told they could leave the room during the prayers. The town responded to the suit by inviting people from a broader range of faiths to read prayers, but it stood by the practice.
The Second U.S. Circuit Court of Appeals ruled that the prayer policy violated the Constitution by endorsing Christianity because the process of picking someone to lead the prayers essentially ensured that a Christian viewpoint would be expressed. When the Supreme Court hears the case, the justices will have to decide if the prayers really were an endorsement of Christianity. They might ask whether the town did enough to make sure that other faiths were represented and whether people in the audience were coerced to take part.
The separation of church and state has its origins in the Bill of Rights, which prohibits the federal government from establishing a national religion, or favoring certain established religions, through the establishment clause of the First Amendment. Later, the prohibition against establishing religions was extended to state and local governments. Beginning in the twentieth century, a number of Supreme Court cases set guidelines for keeping church and state separate. Schools, public holiday displays, and town meetings such as those in the town of Greece have been affected by rulings in which religious expression in the public realm has been ruled constitutional or unconstitutional.
Many early colonists came to North America during times of religious conflict in Europe. Some had been persecuted for their beliefs in their home countries, while others simply wanted the freedom to openly practice their religion. They brought a wide range of faiths with them. Protestant denominations were the most widespread. In some colonies, tax money helped fund churches and religious activities. While some colonies practiced religious tolerance, others passed laws that discriminated against those of the Jewish and Catholic faiths, while Native Americans and black slaves were often forced to convert to Christianity.
Colonial leaders, including Thomas Jefferson and James Madison, were inspired to push for religious freedom. Jefferson wrote the Virginia Statute for Religious Freedom shortly after drafting the Declaration of Independence in 1776. With this document, Jefferson sought to guarantee religious freedom for people of all faiths and separate the Church of England from Virginia’s government. Jefferson held complex religious beliefs and was passionate about keeping religion and government separate. He did not want a government that would encourage or force its people to belong