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An e-mail being
circulated by Christians who may not quite understand the current thinking on
church-state issues clearly goes as follows:
>>You may have
heard in the news that a couple of Post Offices in Texas have been forced to
take down small posters that say "IN GOD WE TRUST." They claim that
the law is being violated; something silly involving "electioneering
posters.">>
No -- the law that is
being violated is the 1st amendment to the constitution. The P.O. is a
government building, and the government is enjoined by our constitution from
favoring one religion over another. Some religions have a personal God; others
(Buddhism, for instance) do not. The poster, whether “small” or large, clearly
favors a god-religion over one like Buddhism (there are others) and is,
therefore, not in compliance with the Constitution.
Whether the talk show
host's idea is "bad" or not depends on how much time one has to do
something that will have zero effect on anyone else. His suggestion is not
illegal but I suggest that he has reached the bottom of stupid and started to
dig. The e-mail’s use of the “persuasive adjectives” “small,” and “silly,” is
one clue to evaluating it as junk mail.
Not persuaded? Suppose
your local Post Office, or Driver’s License Bureau, put up posters that said “In
Allah We Trust.” Or – “In the Great Spirit We Trust.” Or – “God is dead. And
That’s a Scientific Fact.”
If “In God We Trust” is
allowable, on what basis can the others be prohibited?
For a good overview of
how SCOTUS (the Supreme Court of the United States) has defined religious
liberty cases over the years, see the web site
http://nationalparalegal.edu/conLawCrimProc_Public/FreedomOfExpression/FreedomOfReligion&EstCl.asp
Thanks to Elizabeth Bailey for seeing a broken link here and suggesting this substitution.
See, in particular, the
following:
Minersville v. Gobitis, 310 U.S. 586 (1940) – By an 8-1
vote, a public school may require students to salute the flag and pledge
allegiance even if it violates their religious scruples. Billy Gobitas’s (not a
misspelling – the court got it wrong) letter, asking for relief on religious
grounds, written as an 8 year old, is a classic document. Several of the
justices quickly came to see they had ruled incorrectly, and three years later
the next case was decided. More on the case here. (Including a photo of Billy’s
letter).
West
Virginia State Board of Education v. Barnette, (1943) - SCOTUS overturned
Gobitis on a 6-3 vote.
McCollum
v. Board of Education, (1948) – Religious instruction in public schools is
unconstitutional.
Zorach
v. Clausen, (1952) – Released time from public school classes for religious
instruction is OK.
Engel
v. Vitale, (1962) - School prayer ruled unconstitutional.
Murray
v. Curlett, (1963) - Forcing a child to participate in Bible reading and prayer
is unconstitutional.
Stone
v. Graham, (1980) -Posting the Ten Commandments in public schools is
unconstitutional.
Wallace
v. Jaffree, (1985) - Enforcing a moment of silence in schools is
unconstitutional.
Board
of Education v. Mergens, (1990) - Public schools cannot deny equal access to
student groups based upon religious, political, philosophical, or other
content.
Lee
v. Weisman, (1992) - Prayer at public school graduation ceremonies is
unconstitutional.
Lamb's
Chapel et al. v. Center Moriches Union Free School District, (1993) - School
districts cannot deny churches access to school premises after-hours, if the
district allows the use of its building to other groups.
Santa
Fe Independent School District v. Doe, (2000) - Student-led prayers at public
school football games are unconstitutional.
Good
News Club v. Milford Central School, (2001) – A school cannot keep a religious
club from using its facilities because the school had created a limited public
forum.
Widmar v. Vincent (1981) - A state university cannot refuse
to grant a student religious group equal access.
Rosenberger
v. Rector and Visitors of the University of Virginia, (1995) - Student activity
funds can be used to fund a religious student magazine.
Pierce v. Society of Sisters, (1925) – An Oregon law requiring
all children 8 to 16 years old to attend public schools (thus preventing them
from attending private or home schools) was struck down.
Board
of Education v. Allen, (1968) - The state may lend textbooks to private and
religious schools.
Tilton
v. Richardson, (1971) - Federal funding to private, religious, and public
colleges to build classrooms is constitutional.
Committee
v. Nyquist, (1973) - States cannot reimburse parents for religious school
tuition..
Roemer
v. Board of Public Works, (1976) - States can provide grants to private and
religious colleges.
Zelman
v. Simmons-Harris, (2002) –Ohio's voucher program, which gives tax dollars to
parents to send their children to religious or non-religious schools, was
upheld in a 5-4 vote.
Jones
v. Opelika, (1942) - Court upheld an ordinance requiring a fee for a license to
sell books. Jehovah's Witnesses wanted to sell religious literature in a town
in Alabama; they’d have to pay the fee.
Murdock
v. Pennsylvania, (1943) - Court overruled Jones v. Opelika
Marsh
v. Alabama, (1946) – People may distribute religious literature on the streets
of a company town.
Krishna
v. Lee, (1992) - Airport managers can prohibit solicitation of money, but must
allow the free distribution of religious literature.
Watchtower
Bible & Tract Society of New York v. Village of Stratton, (2002) – A
door-to-door ordinance was ruled an unconstitutional burden on religious
expression.
Other
Reynolds
v. United States, (1878) - Polygamy outlawed.
Wisconsin
v. Yoder, (1972) - Amish do not have to obey a state law requiring children to
attend school until age 16.
Employment
Division v. Smith, (1990) - The Free Exercise Clause cannot exempt one from
drug laws.
Church
of Lukumi Babalu Aye v. Hialeah, (1993) - Hialeah, Florida ordinances,
prohibiting members of the Santeria religion from sacrificing animals in their
rituals are unconstitutional.
Burgy