Separation of Church & State

By: Laura Haw, Kyle Hartwig, Kevin Leonard, Jake Rizkalla

Content Overview• Early History

– Divine Rights– Galileo– Foundation of the United States

• Puritans• Jefferson Bible

• Education:– Public School– Home schooling– Evolution– Prayer in sports

• Church’s Role within the Judicial Branch– Justices– Court decisions

• Medical Policies & Religion– Pro-life / Pro-choice– Terri Schiavo

• Gay Rites• Current Issues

– Locally (Religious Observance Policy)• Ways to get Involved

Early History

Early History – Divine Rights

• Divine Rights: – states that a “monarch owes his

rule to the will of God, not to the will of his subjects, parliament, the aristocracy or any other competing authority”.

• “Divine Rights of Kings,” Wikipedia. <http://en.wikipedia.org/wiki/Divine_Right_of_Kings>, 3 April 2007.

Early History – Galileo

• Published book Sidereus Nuncius in 1610.

• Some of Galileo’s findings contradicted the Bible.

• Feb 16th, 1616, Galileo presents his case to the Inquisition in Rome.

• Results included that he had to abandoned such opinions.

Early History - Puritans

• Roger Williams, a Separatist, believed that church and state should be separate.

• William founded his own colony, Providence in 1636.– It was founded on the belief that

church and state should remain separate.

Early History

• Jefferson Bible “The Life and Morals of Jesus of Nazareth”

– Wanted to make the teaching of Jesus less supernatural.

– Though it would be better to use only the worlds and teaching of Jesus himself.

– Left out any mention of angels, genealogy, prophecy, miracles, the Trinity, the divinity of Jesus and resurrection.

Education

Education - Public Schools

• 90% of American children attend public schools.

• Has prayer been expelled from our schools, as some people claim?

• Has bible reading been banned in public schools?

• Do teachers need to avoid all mention of religion?

Education – Public Schools• 1962 Supreme Court Case ()

– Ruled official prayer had no place in public education.

– Government sponsored worship.• Nothing in the 1962 ruling made

it unlawful for students to read a bible during school hours.

• High school religious clubs must be outside of hours.

• Objective study about religion in public schools is legal and appropriate.

Education – Public Schools• Is it right to allow advertising

for religion in public schools?

• Should parents be pulling out a pamphlet on a Friday night from their sons or daughters backpack telling them about the Pagan religion?

• Should we be worried that religious groups use a child's backpack as a outreach strategy?

Education – Public Schools• Doors Open For Pagan Proselytizing In

Virginia Public School– “Have you ever wondered what

‘Holidays’ refers to?”– “Everyone knows about Christmas –

but what else are people celebrating in December? Why do we celebrate the way we do?”

– “An educational program for children of all ages (and their adults), where we’ll explore the traditions of December and their origins, followed by a Pagan ritual to celebrate Yule.”

Education – Public Schools• Can high school

students meet with religious intention?

• How constitutional is it to read a bible in class?

• What about religion in the class room, can teachers instruct about it?

Education – Public Schools• “No holding of this Court

suggests that a school can persuade or compel a student to participate in a religious exercise…”– Supreme Court Justice

Anthony Kennedy

Education – Public Schools• Can students use religion

in their reports and homework?

• How far does religious freedom go with student presentations heard by the class?

Education – Public Schools• Should students be allowed

to try to convince their peers about religious views?– What should faculty do about

these debates?

• Should public schools be able to celebrate religious holidays?

Education – Public Schools• Main Point of Interest:

– Being neutral on religion is not the same as being hostile towards it.

Education – Prayer in Sports• Lee v. Weisman

– This ruling made prayer in public schools unconstitutional.

Church’s Role in the Judicial Branch• Why you should be shocked

with our Justices?– First Catholic majority in history.– 5/9 Justices are Catholic,

compared to 25% of Americans.– 2/9 Justices are Jewish, while only

2% of Americans are Jewish.

Church’s Role in the Judicial Branch

• There has been only one Justice who was not considered to be a member of any church. – Justice David Davis (1862-

1877).– 1/108 total Justices.

Justices – Samuel Alito

• Confirmed by the Senate with a 58 – 42 vote.

• Voted with the majority in ACLU v. Schundler.– Held that government – sponsored

holiday displays were permissible as long as they included both secular and religious symbols.

• Held a dissenting opinion in C.H. v. Oliva et al.

Timeline of Supreme Court Cases

1968: Epperson v. Arkansas

1971: Lemon v. Kurtzman

2000: Santa Fe. IntermediateSchool District v. Doe

2005: Kitzmiller v. Dover County School District

2006: Selman v. Cobb County School District

Medical Policies & Religion – Terri Schiavo

• Condition: – Brain damaged– Cardiac and respiratory

arrest• Persistent vegetative state

(PVS)

• Parents v. Husband

Same - Sex Marriage and the Violation of Church and State• Should church and state

interaction exist on the subject of marriage?

• Does the purposed amendment violate the separation of church and state?

• Should federal and state governments recognize marriages between gay couples?

Same - Sex Marriage and the Violation of Church and State• Does banning gay marriage

infringe on religious rights?– Unitarian Universalist

Association – Union for Reform Judaism– United Church of Christ

• Would churches ever have to sanctify same-sex marriages?

Current Issues - Locally

• Current revision of the Michigan State University’s Religious Observance Policy

• Who does this effect?– Students / Professors

Current Issues - Locally• The Okemos Christian

Center is in the process of trying to build a larger church.

• Okemos District Court ruled.

• Currently being appealed to the 6th U.S. Circuit Court of Appeals.