DarwinsMishap

Blurring the lines... by DarwinsMishap

Posted on December 20, 2008

Between the Church and the State.

Proposition 8 in California seeks to revoke and nullify around 18,000 gay marriages in that particular state.

The separation of church and state is a legal and political principle derived from the First Amendment to the United States Constitution, which reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . .” The phrase “separation of church and state” is generally traced to an 1802 letter by Thomas Jefferson to the Danbury Baptists, where Jefferson spoke of the combined effect of the Establishment Clause and the Free Exercise Clause of the First Amendment. It has since been quoted in several opinions handed down by the United States Supreme Court. [Why The Religious Right is Wrong About Separation of Church & State, Robert Boston, Prometheus, Buffalo, New York, 1993, p. 221]

The first amendment to the US Constitution states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” The two parts, known as the “establishment clause” and the “free exercise clause” respectively, form the textual basis for the Supreme Court’s interpretations of the “separation of church and state” doctrine.

“The petitioners contend, among other things, that the state laws requiring or permitting use of the Regents’ prayer must be struck down as a violation of the Establishment Clause because that prayer was composed by governmental officials as a part of a governmental program to further religious beliefs. For this reason, petitioners argue, the State’s use of the Regents’ prayer in its public school system breaches the constitutional wall of separation between Church and State. We agree with that contention, since we think that the constitutional prohibition against laws respecting an establishment of religion must at least mean that, in this country, it is no part of the business of government to compose official prayers for any group of the American people to recite as a part of a religious program carried on by government.” Stated in the Supreme Court’s anaylisis of prayer in schools in 1962’s ruling Engel Vs. Vitale 370 U.S. 421.

In 2002, a three judge panel on the Ninth Circuit Court of Appeals started a controversy in regards to a California law that requires the Pledge of Allegiance to be cited while in class-making it illegal due to the inclusion of the phrase “under God”. In reaction to the case, Elk Grove Unified School District v. Newdow, both houses of Congress passed measures reaffirming their support for the pledge, and condemning the panel’s ruling. [Senate Pledges Allegiance Under God. Fox News, Thursday, June 27, 2002}

While appealed in March of 2004, it was overturned by the Supreme Court in June of 2004.

Here are only a few instances of many concerning the issues of the State and the Church being seperate within the United States lawmaking and rulings.

How is it that California, now, dares to once more put the two together under the ideals that the Church describes marriages to be of “One man and One woman” instead of two souls that wish to meld their lives into one? The law was passed with that ideal-the two should not be a singular cause. The Church and the State, for us, should remain as they are….this proposal slams us back into the very reason why European refugees fled to this continent to begin with.

Do we, as American citizens-no matter our backgrounds and religious beliefs-want our State to take whichever Church they deems fit to follow….and force us to do the same? Here we believe, and relish, freedom of religion no matter from whence the religion originated. To have our State declare that one and only rule from one sect of the numerous religions that exist above all else what is to stop them from declaring more?

I welcome any and all thoughts posted to this. I have my beliefs, as we all do. I do not condone nor assume any other’s to be wrong or injust simply because it is not my way. I also believe that our State should be far and away from anything to do with any Church.

Leave Proposition 8 out of our lawmaking, it does not belong there. This is my opinion, and I stand firm in it.

  • butchart

    butchart

    I’ll make this very brief….. i agree with you 100%………..b

  • Tania  Donald

    Tania Donald

    why is it that every time an inch of progress is made, stupid, conservative backward-thinking people have to drag everybody back with them??? outrageous. how dare they?

  • H M Bascom

    H M Bascom

    It is a dangerous slippery slope to permit Church dogma to become the law of the land.

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