wandeljw's source wrote:House Action to Limit First Amendment Protections "Hostile to Religious Freedom"
One thing the religious rightwingnuts are quick to lie about is the religious character of "the founders." They attempt to suggest that "the founders" were religious men who meant for religion to have a part in government. This ignores many things in history--that all these men were aware of and profoundly influenced by the quick fragmentation of sects in the Protestant reformation; that all of these men were aware of and influenced by the sectarian controversies which arose in the course of the English civil wars (1640-1650), during which time the Parliament, lead by Puritans, had leaned heavily on "dissenters," but had, in the clinch, rejected the "Declaration of the People," an early example of a written constitution with guarantees of civil and religious liberty. They ignore the influence of the evangelical movement in the colonies in the early 18th century known as the Great Awakening, during which the established churchs of Massachusetts and Connecticutt had suppressed the intinerant preachers using the power of the state.
The desire for a statement, embodied in the opening clause of the First Amendment, which would guarantee no establishment of religion, and freedom to practice religion, was one of the controversies at the time of the ratification of the constitution. Those who favored ratification of the constitution promised that a bill of rights would be the first business of the new legislature, and indeed it was. The amendment we know of as the First Amendment was the third amendment proposed and sent to the States--but it was the first amendment to be ratified.
Jefferson coined the phrase "wall of separation between church and state" in his now famous letter to the Baptist congregation of Danbury, Connecticutt. Connecticutt had had an established Congregational Church before the revolution, and in writing to the President in 1802, the correspondents complained that they were tolerated as though by a gift of the state, rather than of right. Jefferson replied that freedom of conscience was foundational to the government and the expression of individual liberty, and referred to the "wall" erected between church and state.
What religious fanatics of the right don't want to consider, and don't want brought into the debate about religion in public life is that any form of particularism impinges on the religious liberties of those who do not adhere to the particularist point of view advanced by those religious fanatics. They are fond of saying that the United States is "a christian nation." Such an attitude excludes Jews, Muslims, Hindus, Animists and all other non-christian sects, as well as those who wish to be free
from religion. But more importantly, they fail to acknowledge that they do not even speak for all christians. When the joker in Alabama erected a monument to the ten commandments in the building which houses the Alabama Surpreme Court, that judge and his supporters were apparently unaware that even among christians, there is no one single version of the ten commandments, and that their particularism was offensive to those who do not adhere to their version of christianity.
This is election year grandstanding, of that i have no doubt. This legislation will not pass constitutional muster with the courts, and of that i have no doubt. It is germane to the issue of science education in the nation's schools, as well--in the decision in 1968 in
Epperson versus Arkansas, Mr. Justice Fortas wrote:
Quote: There is and can be no doubt that the First Amendment does not permit the State to require that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma.
In the 1987
Edwards versus Aguillard decision, Mr. Justice Brennan wrote:
Quote:[The Louisiana Creationism Act] . . . is designed either to promote the theory of creation science which embodies a particular religious tenet by requiring that creation science be taught whenever evolution is taught or to prohibit the teaching of a scientific theory disfavored by certain religious sects by forbidding the teaching of evolution when creation science is not also taught. The Establishment Clause, however, "forbids alike the preference of a religious doctrine or the prohibition of theory which is deemed antagonistic to a particular dogma." Because the primary purpose of the Creationism Act is to advance a particular religious belief, the Act endorses religion in violation of the First Amendment.
The Federal Courts in general, and the Supremes in particular, have always stressed the pernicious character of the introduction of sectarian particularism into public life. The religious right is fighting in the last ditch, and if any credit is due, it would be their dogged determination to fight to the last man or woman.