Religion

  • May 20, 2013

    by Jeremy Leaming

    For decades Religious Right activists have cultivated a wobbly narrative, championed by pundits like Bill O’Reilly, of a secular America striving to erase Christianity from the public square.

    These activists, such as the Family Research Council and the American Family Association and televangelists like Pat Robertson and the late Jerry Falwell, often blamed the Supreme Court for leading the way.

    First, they have argued the Supreme Court yanked prayer and Bible readings from the public schools in the cases Engel v. Vitale and Abington v. Schempp. But neither of those cases did such things. Instead the Supreme Court in those cases prohibited organized religion in the public schools. In other words public school teachers and administrators had to stop leading students in religious activities. Those cases did not outlaw prayer or religion in the public schools; they just found that such activities must be truly student initiated.

    There’s also the annual farce dubbed the “war on Christmas,” where, supposedly, secularists roam city halls and public squares demanding the removal of all vestiges of religion. There are also Supreme Court cases involving these clashes between government officials and individuals bent on festooning public spaces with religious and non-religious symbols. The cases can seem a bit absurd, but a takeaway -- if public officials open their public buildings and spaces to say a nativity display they’d better be prepared to open them to displays of other holidays celebrated during the winter and some secular symbols too, like giant candy-canes or snowmen. For too many Religious Right activists, however, it’s not enough to decorate churches and private homes with religious symbols of the holiday season, they must also adorn government buildings with them and if government officials don’t comply they’ll point to a “war on Christmas.”

    Then there are government meetings and activities. From coast to coast there are city and town councils and other government bodies that like to open their public meetings with prayer. The use of prayer in government work has a long history. On the federal level, both chambers of Congress open each day with chaplains providing invocations and a marshal opens Supreme Court sessions, with “Oyez, oyez, God save the United States and this Honorable Court.”

    As the nation has evolved, however, and become more diverse, unsurprisingly you’ve had more and more people question the use of prayer during government sessions. And here again, you have a ripe opportunity for Religious Right zealots to complain about attempts to force government officials to either forgo prayer altogether at their official functions or mix it up and include invocations from all kinds of religious groups.

    The Supreme Court has touched upon prayer during government sessions, and today the Roberts Court agreed to consider a case – Town of Greece v. Galloway – that allows the high court to revisit precedent on government and prayer. The case arises from Greece, N.Y. where Christian prayer has frequently been used to open town board meetings. As The New York Times’ Adam Liptak reports the town’s prayer policy has been in place since 1999 and town officials have said that people of all faiths, including atheists, can offer invocations.

  • April 4, 2013

    by Jeremy Leaming

    Apparently a bit of sanity has surfaced in the North Carolina legislature where a couple of lawmakers introduced a resolution declaring the state could establish an official religion. The Charlotte Observer reports that House Speaker Thom Tillis is saying the chamber will not vote on the resolution.

    In this case Joint Resolution 494, which in part declared that the First Amendment does not apply to the states, showcases a couple of lawmakers who are either woefully ignorant of the U.S Constitution and First Amendment jurisprudence or are blatantly provocative.

    First, as has been pointed out by a lot people like law school professors, much of the Bill of Rights do apply to the states. Starting in the 1920s federal courts ruled that the Constitution's 14th Amendment applies most of the Bill of Rights to the states. 

    Nevertheless, the lawmakers’ resolution states that the First Amendment’s Establishment Clause, which provides for a separation of religion and government, “does not apply to the states, municipalities, or schools.” The resolution also includes sections declaring the Constitution “does not prohibit states or their subsidiaries from making laws respecting an establishment of religion,” and that the N.C. legislature “does not recognize federal court rulings which prohibit and otherwise regulate the State of North Carolina, its public schools, or any political subdivisions of the State from making laws respecting an establishment of religion.”

    Although the resolution does not specify what religion N.C. would officially recognize, it undoubtedly would be Christianity. The lawmakers pushing the resolution said they were doing so in part to provide a show of support to Rowan County Commissioners who are waging a legal battle to keep using Christian prayers at their public meetings. (The Supreme Court has ruled that if lawmakers feel the need to use prayer during official business, it should be nonsectarian, otherwise they leave themselves open to a First Amendment challenge. The ACLU has lodged a lawsuit against the county commission arguing that its prayer policy violates the separation of government and religion.)

  • February 25, 2010
    BookTalk
    Rising Road
    A True Tale of Love, Race and Religion in America
    By: 
    Sharon Davies

    By Sharon Davies, John C. Elam/Vorys Sater Designated Professor of Law, Moritz College of Law, The Ohio State University

    Rising Road is one of those books that happened by accident; a chance occurrence on the way to somewhere else.

    After the outcome of the election in 2004, when the country was abuzz with reports of how the question of gay marriage drove President George W. Bush's supporters from their homes to the voting booths, I began to think about law and marriage, and the way of constitutional change.

    It was a topic of great personal importance to me, law and marriage. Had my parents been swayed by the marriage laws that were still in place in various states at the time of my birth, I would never have been born. Neither would any of my five brothers or sisters. It was the era of the anti-miscegenation laws. The simple act of having us was a crime, a number of states declared, and they backed the ban up with the criminal sanction. Defiant mixed race couples could be jailed.

    I was nearly seven-years-old by the time the U.S. Supreme Court finally got around to striking those laws down. Seems my siblings and I weren't crimes after all. It was the law that was wrong, the Court announced in Loving v. Virginia in 1967. The decision was unanimous. Even Justice Hugo Black agreed, though a son of the South, the region of the country most steadfastly devoted to the anti-miscegenation regime.

    After the election in 2004, I wondered how constitutional change like that came about-how acts of intimacy, and marriage, and the wee beings that can result from them, could one day be outlawed, and another day not. I will write an article about that, I thought to myself, and set to work.

    When doing the researching for that intended article, however, the unexpected happened. I tripped over a reference to a 1921 trial in Birmingham, Alabama. A murder trial, where the marriage of the daughter of a Methodist minister to a Catholic migrant from Puerto Rico, led the minister to kill the Catholic priest who took their vows. How horrible, I thought. I'll use it as an example in my article.