SOC 412 Topic 2 DQ 1

State the benefits, if any, of religious disestablishment in America. Are there any drawbacks? Explain.

ADDITIONAL DETAILS 

Religious disestablishment in America

In recent years, there has been a trend of religious disestablishment in America. This trend is most evident in the way that American society has become more secular overall. In addition, there has been a decline in religious affiliation among Americans, as well as a decrease in overall religiosity. There are a number of reasons for this trend, including the increasing secularization of American culture and the rise of the “nones” (those who do not identify with any particular religion). Additionally, there has been a decrease in the importance of religion in American politics and an increase in support for separation of church and state. Despite this trend, however, religion remains an important part of American life. More than half of Americans still identify as Christian, and religion continues to play a role in many aspects of American culture. The following blog post will explore religious disestablishment in America in more depth, including its causes and effects.

Origins of religious disestablishment in America

The American Revolution was fought in part over the issue of religious freedom, and the Founding Fathers were mostly opposed to state-sponsored churches. In 1791, the First Amendment to the Constitution was ratified, which prevented the federal government from establishing a national church or interfering with the free exercise of religion. This began a gradual process of religious disestablishment in America.

In 1833, President Andrew Jackson signed the Indian Removal Act, which forcibly relocated Native Americans from their homelands in the southeastern United States to Indian Territory (present-day Oklahoma). This led to the rise of the second largest Native American tribe in Oklahoma, the Cherokee Nation. The Cherokee Nation had its own constitution, laws, and government, and it guaranteed freedom of religion for all its citizens.

In 1844, Joseph Smith, Jr., founder of the Church of Jesus Christ of Latter-day Saints (Mormons), was assassinated by a mob in Illinois. After his death, Brigham Young led a group of Mormon pioneers west to Utah, where they founded Salt Lake City. The Mormons practiced polygamy and had their own system of governance, which caused clashes with the U.S. government. In 1890, Mormon leaders issued a Manifesto that renounced polygamy and announced their intention to obey U.S. laws. This helped bring about an end to religious persecution of Mormons in America.

The 20th century saw a continued trend of religious disestablishment in America. In 1947, President Harry S Truman signed an

The First Amendment and religious disestablishment

The First Amendment to the United States Constitution guarantees the right to freedom of religion. This includes the right to practice one’s religion without interference from the government. The Establishment Clause of the First Amendment prohibits the government from establishing an official religion or giving preference to one religion over another.

The Supreme Court has interpreted the Establishment Clause as barring not only state establishment of a religion, but also government actions that unduly favor one religion over another or excessively entangle the government in religious matters. In Lemon v. Kurtzman, the Court laid out a three-part test to determine whether a government action violates the Establishment Clause: 1) The action must have a secular legislative purpose; 2) The action’s primary effect must be one that neither advances nor inhibits religion; and 3) The action must not foster excessive government entanglement with religion.

Under the Lemon test, government actions that promote or favor religion generally are unconstitutional. However, the Supreme Court has recognized that there is a “play in the joints” between the Establishment Clause and other constitutional protections, such as the Free Exercise Clause and freedom of speech. This means that some government actions that would otherwise violate the Establishment Clause may be permissible if they are justified by another constitutional provision.

For example, in Widmar v. Vincent, the Court held that a public university could not deny student groups access to campus facilities based on their religious views, because doing so would violate their free speech rights. And in Zelman v. Simmons

Supreme Court cases on religious disestablishment

In America, the Supreme Court has ruled on several key cases related to religious disestablishment. One of the most important cases was Employment Division v. Smith, which was decided in 1990. In this case, the Court held that the First Amendment does not require states to give preferential treatment to religion.

Another important case is Lemon v. Kurtzman, which was decided in 1971. In this case, the Court held that government programs that benefit religious organizations must have a secular purpose and must not advance or inhibit religion.

The Supreme Court has also ruled on several other cases related to religious freedom, including those involving the use of public funds for religious purposes and prayers in public schools.

The current state of religious disestablishment in America

Though religious disestablishment has been a long time coming in America, the current state of religious freedom in the country is still in flux. In recent years, there have been a number of court cases that have called into question the government’s role in religious affairs, and the line between church and state has become increasingly blurred.

The most notable case involving religious disestablishment in America is the 2014 Supreme Court case Burwell v. Hobby Lobby Stores, Inc. In this case, the court ruled that closely held for-profit corporations could be exempt from providing contraception coverage to their employees if doing so would violate their sincerely held religious beliefs. This ruling effectively opened the door for businesses to discriminate against employees on the basis of religion.

Since then, there have been a number of other cases that have chipped away at the wall separating church and state. In 2017, for example, the Supreme Court ruled that taxpayer-funded scholarships could be used to attend private religious schools. And earlier this year, the court ruled that government employers can require workers to participate inreligious activities as a condition of employment.

These rulings make it clear that the current state of religious freedom in America is far from settled. And with the addition of two conservative justices to the Supreme Court in recent years, it’s likely that we will see even more challenges to existing laws on separation of church and state.

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