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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?


To: jbe who wrote (41568)6/22/1999 6:11:00 PM
From: The Philosopher  Respond to of 108807
 
The fact is that the principle of separation of church and state has been under attack
ever since it was first formulated. Many states restricted religious freedom, despite the
clear intent of the disestablishment clause and of the First Amendment.


Keep in mind that the Constitution bound the Federal government only. It did not apply to the States or state government actions until after the 14th Amendment was passed and interpreted by the Supreme Court to extend 1st Amendment limits to state governments also.



To: jbe who wrote (41568)6/22/1999 6:22:00 PM
From: Ilaine  Read Replies (2) | Respond to of 108807
 
Thank you, Joan, for a well-researched and written report. I noted one thing while I was collecting URLs Sunday, someone, and I don't really feel like re-reading everything this minute, stated that at the time of the adoption of the Constitution, only two states permitted non-Trinitarian Protestant Christians to hold public office. I know you mentioned a few that did not allow deists, Jews, Catholics, and so on to hold public office, but this site said all but two prohibited members of these religions from holding public office, probably Maryland was one? Which is why the U.S. Constition doesn't allow a religious test for eligibility for public office.



To: jbe who wrote (41568)6/22/1999 7:17:00 PM
From: Dayuhan  Read Replies (2) | Respond to of 108807
 
The debate over whether the founding fathers intended church and state to be separate has always left me a bit uneasy. I don't think the founding fathers intended to have the last word on this, or on most other subjects; I think they envisioned a government that would grow with its people and change to reflect their changing views, and I think that this is the main reason why the government they created has lasted as long as it has.

I'm less concerned with the vision of the founding fathers than with the vision that we - modern Americans - have today. Do Americans want church and state separate? I would say the answer - evidenced by the electoral performance of fundamentalists - is a pretty clear yes. Given the declared intent of fundamentalist Christian cultists to take over the government and establish a "Christian State", I can see why. I certainly don't want a bunch of sour-faced bible thumpers telling me what I can and can't do, say, or think, and I don't think very many Americans do.



To: jbe who wrote (41568)6/22/1999 7:35:00 PM
From: Krowbar  Respond to of 108807
 
Good post Joan, it saved me the work. I also bookmarked your link.

Del



To: jbe who wrote (41568)6/22/1999 10:46:00 PM
From: Ilaine  Read Replies (3) | Respond to of 108807
 
Hi Joan, I started to do a little legal research on the issue of posting the Commandments in public schools, and discovered that the United States Supreme Court essentially ruled against this concept back in 1963! I will research further to see if this case has been limited in any way, but I don't think it has. So unless there is a constitutional amendment on the issue, the law would be unconstitutional. More later. I am posting an excerpt, if you want the whole thing let me know.

* * * EXCERPT FROM: ABINGTON SCHOOL DIST. V. SCHEMPP 374 U.S. 203
ABINGTON SCHOOL DIST. v. SCHEMPP 374 U.S. 203

374 U.S. 203

SCHOOL DISTRICT OF ABINGTON TOWNSHIP, PENNSYLVANIA, ET AL.

v.

SCHEMPP ET AL.

No. 142.

Argued: February 27-28, 1963
Decided: June 17, 1963. /*

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA.

/* [Page 203] Together with No. 119, Murray et al. v. Curlett et al., Constituting the Board of School Commissioners of Baltimore City, on certiorari to the Court of Appeals of Maryland, argued February 27, 1963.

Because of the prohibition of the First Amendment against the enactment by Congress of any law "respecting an establishment of religion," which is made applicable to the States by the Fourteenth Amendment, no state law or school board may require that passages from the Bible be read or that the Lord's Prayer be recited in the public schools of a State at the beginning of each school day --even if individual students may be excused from attending or participating in such exercises upon written request of their parents. Pp. 205-227.

201 F. Supp. 815, affirmed.

228 Md. 239, 179 A. 2d 698, reversed.