Freedom of Religion
Freedom of religion and separation of church and state are controversial areas. Some people believe that abandoning the Judeo-Christian heritage of the United States is detrimental to the country. Others want to express their own religious beliefs without having other beliefs imposed upon them. Yet both of these opinions are but two sides of the same coin, for by virtue of not establishing a particular religion, the state allows everyone the freedom to practice their own beliefs. The United States has a strong history of religious freedom and separation of church and state. The original settlers to America left England because of religious persecution and were free to practice their own religion in the new country. Thus, the separation of church and state was an important issue when the Constitution was being written and is a well-established doctrine in American political history.
To prepare for this Assignment:
Review the article “Jefferson’s Legacy to the Supreme Court: Freedom of Religion.” Focus on the history of freedom of religion and the separation of church and state.
Examine how the Supreme Court ruled on freedom of religion cases as well as the degree to which the separation of church and state argument came into play.
Review the U.S. Supreme Court cases, City of Boerne v. Flores and Texas v. Johnson. Consider how the court used separation of church and state to rule on each of these cases.
Reflect upon the relevance of the concept of separation of church and state in American society today, given the current political climate and demographics.
The Assignment: (3–4 pages)
Briefly explain the scope of freedom of religion. Explain to what degree freedom of religion applies to the practice and expression of religion and the display of religious symbols in the United States.
Briefly explain the rationale for freedom of religion.
Explain how federal and/or state courts have used the concept of separation of church and state to rule on freedom of religion cases. Be specific and use examples to illustrate your explanation.
Based on the cases you read this week, the demographics of the United States, and the current political climate in the United States, explain your thoughts about the current relevance of the concept of separation of church and state. Justify your response. If you live outside the United States, you can compare these to the political climate in your own country or region.
Support your response using the Learning Resources and other scholarly resources.
Articles
Perry, B. A. (2006). Jefferson’s legacy to the Supreme Court: Freedom of religion. Journal of Supreme Court History, 31(2), 181–198. doi:10.1111/j.1540-5818.2006.00134.x
Cases
City of Boerne v. Flores, Archbishop of San Antonio, and United States 521 U.S. 507 (1997).
Brandenburg v. Ohio, 395 U.S. 444 (1969).
Hustler Magazine and Flynt v. Falwell, 485 U.S. 46 (1987).
Texas v. Johnson, 491 U.S. 397 (1989).
Optional Resources
Articles
Copeland, L. (2003, August 21). 10 Commandments appeal fails: Monument ordered out of Ala. building [Final edition 1]. USA TODAY, p. A01.
Schemo, D. J. (2001, October 23). After a surge, limits return to school prayer [Late edition: East Coast]. New York Times, p. A16.
Associated Press. (2005, August 11). Court rejects challenge to pledge of allegiance [Late edition: East Coast]. New York Times, p. A19.
Delahunty, R., & Yoo, J. (2003). Against foreign law. Harvard Journal of Law & Public Policy, 29, 291–330. Retrieved from http://www.law.harvard.edu/students/orgs/jlpp/Vol2…
Posner, R. (2015). The law of the lands: How the U.S. Supreme Court engages with the world. Retrieved from https://www.foreignaffairs.com/reviews/review-essa…
Bernes, R. (2015). Supreme court says president’s powers prevail on foreign borders. Retrieved from https://www.washingtonpost.com/politics/courts_law…
Websites
Separation of Church and State