Download Religion & Law in U.S. Constitution: Establishment, Free Exercise & Religious Exemptions - and more Study notes Modern Philosophy in PDF only on Docsity! 1) Religion in the U.S. Constitution Article IV: People can hold office in this country no matter what their religion is 1st Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” i. “Establishment Clause” (EC) and “Free Exercise Clause” (FEC) 2) Ceremonial Deism Establishment clause prohibits government from endorsing any religion, or using tax money to fund religious organizations Despite the EC we do appear to mix church and state i. Christmas is a national holiday ii. “under God” is in the Pledge of Allegiance iii. Swearing on the Bible in courts iv. “In God We Trust” is on our money Some challenges to these practices have been made but the court generally allow them as forms of “ceremonial deism” – harmless commemorations of the religious heritage of nation 3) Secular Purpose Test The EC does not mean that our laws cannot coincide with the commandments of a religion (there are laws against murder and theft, and biblical commandments against them as well) It does mean that religion cannot be the basis for the law: they must serve a secular (non-religious) purpose 4) Limits on Free Exercise of Religion FEC mainly guarantees your freedom to practice your religion (or irreligion) without interference of the government But it is not absolute: it must yield when your religious practices conflict with more important public interests i. Example: human sacrifice, polygamy not allowed Because freedom of religion is a fundamental right, the public purpose must be of utmost importance, and the law must be the least restrictive way to serve the purpose 5) Strict Separation vs. Accommodation In some cases when a law conflicts with a religious practice, people who practice the religion ask to be exempted from the law Two positions on the issue: i. Strict Separation: no exemptions should be granted – everyone must follow the same laws ii. Accommodation: if the exemption can be granted without defeating the secular purpose of the law, grant the exemption The accommodation view prevails today When someone asks for an exemption, the court begins with 3 questions: i. Is it a real religion? ii. Is this person really a practioner?
