The Constitution And Religion: An American Story

The United States Constitution was written during a time of religious upheaval and revolution. The American Revolution saw the end of physical persecution of religious dissenters, and the newly independent states crafted new constitutions that varied from state to state and region to region. The struggle for religious freedom in Virginia, for example, significantly influenced the role of religion in the drafting of the Constitution. The framers of the Constitution, many of whom were raised in colonies with established Protestant churches, believed in a separation of church and state and favoured a neutral posture toward religion. They wanted to prevent government intervention in citizens' religious affairs, which they believed would infringe on their religious freedom. The Constitution contains few explicit references to religion, and the delegates left no clear understanding of how their beliefs influenced the wording of the Constitution or their political choices. This has led to centuries of debate among Americans.

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The US Constitution and the First Amendment

The US Constitution does not mention God, Jesus Christ, or Christianity. It contains the word "religion" only twice: in Article 6, which exempts government office holders from a religious test, and in the First Amendment. The First Amendment to the US Constitution states that:

> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

The First Amendment's wording appealed to the new Congress because it struck a sensible balance: it was both a promise that the new national government would not interfere with the states' varying decisions on support for religion, and a promise that individuals would be protected and could exercise their religion in any of those states. The First Amendment also deals with the freedom to hear and receive information about religion.

The First Amendment's Establishment Clause states that "Congress shall make no law respecting an establishment of religion." In the strictest reading, the Establishment Clause prohibits the federal government from adopting an official religion. More broadly, the phrase ensures that the federal government will not adopt any stance in favour of or against any religion. The Free Exercise Clause protects an individual's right not only to believe what they want but also to practice their religion.

The principle of separating church and state was integral to the framers' understanding of religious freedom. They believed that any governmental intervention in the religious affairs of citizens would necessarily infringe on their religious freedom. The US Constitution guarantees that religion can never be a requirement for holding public office, but most Americans don't know this, according to a 2019 survey.

Religious freedom and the US government

The US Constitution was written with the intention of ensuring religious freedom. The framers of the Constitution believed in a separation of church and state, favouring a neutral posture towards religion. This principle of separating church and state was integral to their understanding of religious freedom. The Constitution, therefore, does not mention God, Jesus Christ, or Christianity, and it contains the word "religion" only twice. The first instance, in Article VI, is a proscription of any religious tests as a requisite qualification for public service. The second instance is in the First Amendment of the Bill of Rights, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This means that the government cannot adopt any particular religion, nor can it interfere with an individual's exercise of religion.

The framers of the Constitution believed that any governmental intervention in the religious affairs of citizens would necessarily infringe on their religious freedom. They wanted to create a system that gave Christianity and every other religion the freedom to exist and flourish. This belief in religious freedom was influenced by the Westminster Confession of Faith, with two-thirds of the framers coming from Calvinist backgrounds and a majority being Presbyterians.

Despite the Constitution's silence on religion, some have argued that the US is a Christian nation. This claim is supported by the fact that the Declaration of Independence mentions "Nature's God" and "the Creator", and that most presidents have been sworn in with a Bible, sealing their oath with the phrase "so help me God". Additionally, Congress has historically been overwhelmingly Christian, and nearly all state constitutions reference God or the divine. However, the absence of religious references in the Constitution indicates that the US was not intended to be a Christian nation.

In recent years, the Supreme Court has made several rulings on the interaction between religion and the Constitution, including cases on religious symbols on public property, prayer in public schools, and state subsidies for religious schools. These rulings have sparked debates about the role of religion in the US government and the interpretation of religious freedom.

Religious symbols on public property

The US Constitution maintains a general silence on the subject of religion, except for two instances. The first, in Article VI, proscribes any religious tests as a requisite qualification for public service. The second is in the First Amendment of the Bill of Rights, which states:

> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

The First Amendment to the US Constitution says that the country shall have no official religion, and Americans have been debating where to draw the line between religion and government since the country's founding. This debate has recently resurfaced with three new Supreme Court rulings over religious symbols on public property, prayer in public schools, and state subsidies for religious schools.

The Supreme Court has issued several rulings addressing the constitutionality of religious symbols on public property. While the First Amendment non-establishment clause generally prohibits the display of religious symbols on public property, several courts have ruled that such displays are permissible if they are part of a larger display that includes secular symbols. For example, in Lynch v. Donnelly (1984), the Court found that the Establishment Clause was not violated by the inclusion of a Nativity scene (creche) in a city's Christmas display, which also included secular objects such as a Santa Claus house, a talking Christmas tree, reindeer, and lights. The Court concluded that the display had the secular purpose of depicting the origin of the Christmas holiday and did not excessively entangle church and state.

However, other cases have found that religious displays on public property can constitute an impermissible establishment of religion. For instance, in American Civil Liberties Union v. Rabun County Chamber of Commerce, Inc. (1982), the court ruled that the maintenance of a cross on public property violated the Establishment Clause. Similarly, in Buono v. Salazar v. Buono (2010), the court ordered the removal of a cross on federal land, holding that a reasonable observer would perceive it as a governmental endorsement of religion.

The display of religious symbols on public property is a complex and highly debated issue in the United States. While the First Amendment prohibits the establishment of an official religion, the Court has allowed a certain degree of government involvement in religion, such as allowing government funding to go to private religious schools and prayers to begin legislative meetings.

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Prayer in public schools

The topic of prayer in public schools is a controversial and complicated topic in the United States. The First Amendment to the U.S. Constitution states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof", meaning that the country shall have no official religion. The Fourteenth Amendment extends the scope of the First Amendment to all levels of government, including state and local levels, thus requiring public schools to adopt a neutral approach to religion.

The Establishment Clause of the First Amendment prohibits the government from establishing religion and protects private religious expression and activities from government interference. The Free Exercise Clause of the First Amendment protects an individual's right to religious belief and practice. The Free Speech Clause also comes into play when discussing prayer in public schools. The Supreme Court has shown concern with coercive pressures in elementary and secondary schools, declaring in Engel v. Vitale (1962) that public prayer in public schools violated the Establishment Clause. In this case, the Court made its first-ever decision on prayer in public schools, ruling that the public recitation of the Regents' Prayer in public schools was unlawful. The Court's reasoning was that the school's supervision and control of graduation ceremonies place indirect pressures on attending students to stand or remain silent during the prayer, which could be seen as personal participation in or approval of the prayer.

In Abington School District v. Schempp (1963), the Supreme Court made its second decision on prayer in public schools, ruling that the corporate reading of the Bible and recitation of the Lord's Prayer were unlawful in public schools. In this case, the Court established the current prohibition on state-sponsored prayer in US schools. The Court has also ruled that school-mandated prayers in public schools are unconstitutional, though religious education and voluntary prayer during school hours are permitted as long as teachers are not state-approved, public money is not involved, and there is no state coercion.

While the Supreme Court has generally ruled against prayer in public schools, it has allowed government funding to go to private religious schools and prayers to begin certain legislative meetings. In Town of Greece v. Galloway, the Court ruled that a town hall meeting that began with prayers was not a violation of the Establishment Clause, as legislative prayers are for the legislators and not the public.

State subsidies for religious schools

The U.S. Constitution maintains a general silence on the subject of religion, except for two instances. The first instance, in Article VI, proscribes any religious tests as a requisite qualification for public service. The second instance is in the First Amendment of the Bill of Rights, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This amendment, known as the Establishment Clause, prohibits Congress from adopting any particular religion, while the second clause, the Free Exercise Clause, prohibits Congress from interfering with an individual's exercise of religion.

Despite the Constitution's stance on the separation of church and state, the Supreme Court has allowed a certain degree of government involvement in religion. One example is the Court's ruling that states offering scholarships or subsidies to private schools must include those operated by churches. The Court's conservatives, including Chief Justice John G. Roberts Jr., argued that excluding private schools because they are religious amounts to unconstitutional discrimination similar to racial bias. This ruling was based on the understanding that if states provide vouchers or grants to children or their parents for private elementary or secondary schools, they cannot discriminate against parents who choose religious schools.

The Supreme Court's decision has resulted in billions of dollars flowing to religious private schools through vouchers and "education savings accounts," with Catholic schools benefiting the most. This development has sparked a fierce debate in the United States, with some arguing that public subsidies for religious education are unwise and amount to "underwriting religion." However, others counter that allowing religious families to use public funds to choose sectarian schools for their children could ease culture wars and provide a saving grace for society.

One notable case is the Colorado case, where the Douglas County School District enacted a voucher program in 2011 to help pay the tuition costs of attending certain private schools, most of which were religiously affiliated. The district argued that introducing competition into education would improve public schools. However, this program was challenged and struck down by the Colorado Supreme Court in 2015, leading to an appeal to the U.S. Supreme Court. The U.S. Supreme Court threw out the lower court's ruling, signaling that religious options cannot be categorically denied public money, even in states with explicit bans on such funding.

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