Whether or not reimbursing parents for their child’s transportation to and from schools violates the Establishment of Religion Clause is the question debated by many scholars and parents of today. The Establishment of Religion Clause is being used by parties against the reimbursement of transportation. These parties state many reasons as to why the parents of students who attend religiously affiliated schools should not be reimbursed. However, there are people who have formulated many reasons as to why these parents should be reimbursed for their transportations. The public at large has varying responses to this highly debated topic involving the Establishment of Religion Clause.
The Establishment of Religion Clause was first stated in the First Amendment of the United State Constitution. The Establishment of Religion Clause was brought into effect when Thomas Jefferson and James Maddison led a fight against the Virginia’s legislative body’s attempt to renew Virginia’s tax levy for the support of the established church. Maddison argued that true religion did not need the support of law, that no person, believer or non-believer, should be taxed to support a religious institution of any kind when he wrote Memorial and Remonstrance against the law. In this piece of work written by James Maddison he continues to express his opinion that the best interest of society required that minds of men always be wholly free; and that cruel persecutions were the inevitable result of government-established religions.
The First Amendment of the United States Constitution proclaims that there is to be a separation of church and state. The Establishment of Religion Clause proclaims that neither state nor Federal Government can establish a church....
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...blishment of Religion Clause states that there is a separation between church and state. However, the public considers this to be a matter of education, not religion.
Although the Court was unanimous in affirming the principle of “neutrality” by the government toward religion (First Amendment Schools), four Justices did not agree with the majority vote of allowing the funding. The Justices determined that allowing reimbursement to the parents for the bus transportation of their children to parochial schools was a breach of church-state separation. Justice Wiley B. Rutledge defined “no establishment” as the “prohibition broadly forbids state support, financial or other, of religious in any guise, form or degree. It outlaws all use of public funds for religious purposes.” Due to these four Justices disagreement with the overall majority, reimbursement was not given.
Elk Grove Unified School District v. Newdow case is a litigation that was brought by an atheist father seeking for a determination of the constitutionality of the practice of recitation of the Pledge of Allegiance by public school students since it contained the phrase “under God.” The Supreme Court had two major issues to determine i.e. whether Newdow had the legal standing to challenge the constitutionality of the practice and school board’s policy and whether the phrase “under God” was an infringement of the Establishment Clause of the country’s constitution. In its ruling, the Supreme Court argued that Michael Newdow did not have the legal standing to file the litigation since he was a non-custodial parent.
The first Amendment of the United States Constitution says; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
[12] Thomas Jefferson, A Bill for Establishing Religious Freedom, Draft (1799) reprinted at <http://members.tripod.com/~candst/tnppage/statute.htm> [10 December 2003]
The reason Jefferson choose the expression "separation of church and state" was because he was addressing a Baptist crowd; a church of which he was not a member. Jefferson wanted to remove all fears that the government would make laws to the church.
The Supreme Court has adopted a standard of neutrality to satisfy the Establishment Clause stating: neither federal or state government can enact laws which aid one religion, aid all religions, or prefer one religion over another, and neither can force nor influence a person to profess a belief or disbelief in any religion. Everson v. Bd. of Educ., 330 U.S. 1, 15 (1947). The means that the Martin County Board cannot actively endorse any one particular religion over another and also cannot restrict any one particular religion. See Marsh v. Chambers, 463 U.S. 794, 795 (1983). It must remain religiously neutral. Id. at 795. The Martin County Board’s meeting practice of offering a prayer before its board meetings violates the Establishment Clause because they provided strong sectarian references in their invocations, endorsed Christianity, and coerced those in attendance to participate in the prayers.
Paramount of issues at hand is that of the constitutionality of voucher programs. The Establishment Clause prohibits a state religion and guarantees all the freedom to practice whatever religion they should desire. The Supreme Court, along with many lower courts, has held the Establishment Clause to mean also that neither federal, state, or local governments may support a religion, including financially. Voucher programs represent direct state financial support to private, often parochial schools. In fact, even the checks in Cleveland's program, while addressed to the parents, are currently mailed to the school first.
1. In the First Amendment, the clause that states “Congress shall make no law respecting the establishment of religion” is based on the Establishment Clauses that is incorporated in the amendment. This clauses prohibits the government to establish a state religion and then enforce it on its citizens to believe it. Without this clause, the government can force participation in this chosen religion, and then punish anyone who does not obey to the faith chosen. This clause was in issue in a court case mentioned in Gaustad’s reading “Proclaim Liberty Throughout All the Land”. March v. Chambers was a court case that involved the establishment clause. Chambers was a member of the Nebraska state legislature who began each session with prayer by a chaplain who was being paid the state. The case stated that this violated the Establishment Clause of the First Amendment. However, the court stated that the establishment clause was not breached by the prayer, but was violated because of the fact that the chaplain was being paid from public funds.
" There is another reference to religion in Article 6, Section 3. This clause states "the United States" and the several States shall be bound by oath or affirmation to support this Constitution. but no religious test shall ever be required as a qualification to any office or public trust. under the United States" http://www.law.cornell.edu/constitution/constitution.billofrights.html. For the purpose of this paper I am going to focus on the establishment of religion above mentioned in the The First Amendment..
With sounds of youthful laughter, conversations about the students’ weekends, and the shuffling of college ruled paper; students file into their classrooms and find their seats on a typical Monday morning. As the announcements travel throughout the school’s intercoms, the usual “Please stand for the Pledge of Allegiance” becomes no longer usual but rather puzzling to some students. “I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, indivisible, with liberty, and justice for all.” Confusion passes through some of the student’s minds. With the reoccurrence of “God” in the backdrop of American life, the relationship between church and state has become of little to no matter for American citizens just as it has with American students. While congress makes no law respecting an establishment of religion, the term “freedom of religion” presents itself to no longer be the definition of “free”, while also having its effects on debates today. According to Burt Rieff, in Conflicting Rights and Religious Liberty, “Parents, school officials, politicians, and religious leaders entered the battle over defining the relationship between church and state, transforming constitutional issues into political, religious, and cultural debates” (Rieff). Throughout the 20th century, many have forgotten the meaning of religion and what its effects are on the people of today. With the nonconformist society in today’s culture, religion has placed itself in a category of insignificance. With the many controversies of the world, religion is at a stand still, and is proven to not be as important as it was in the past. Though the United States government is based on separation of church and state, the gover...
The strongest phrase in Thomas Jefferson’s 1802 letter, “…or prohibiting the free exercise thereof,…” goes to the heart of American strength. It provides the foundation upon which this nation’s strength and resolve is built. It is the groundwork laid to allow American citizens to be who they are without government interference and that freedom allows the citizens to learn and grow from each other, building the foundation with the strength of cultural and religious diversity. America was built on this foundation and it is instilled in the heart of every proud American citizen. The content of this single letter and the resultant mirrored text within the United States Constitution has not only defined the way American society functions, but has lead to the growth of the country’s diversity and power in the world as a whole. The effect of separation of church and state in the United States evolved through hard won struggles and battles, resulting in great diversity among ...
The First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” The first amendment does not state that there was such a separation, but that there was a “wall of separation” which the government could not break. The misunderstood statement from Thomas Jefferson has resulted in Judges who ignore the Constitution and the original intent of the First Amendment of our Founding Fathers (Bonta). The first amendment did not state that there was such a separation, but that there was a “wall of separation” which the government could not break. The misunderstood statement from Thomas Jefferson has resulted in Judges who ignore the Constitution and the original intent of the First Amendment of our Founding Fathers (Thomas Jefferson’s’ letter). The First Amendment does not say “Separation of Ch...
...titutional. The opinion of the court was delivered by Justice Black, he states: “there is, and can be, no dispute about the purpose or effect of the Maryland Declaration of Rights requirement before us -- it sets up a religious test which was designed to, and, if valid, does, bar every person who refuses to declare a belief in God from holding a public "office of profit or trust" in Maryland. The power and authority of the State of Maryland thus is put on the side of one particular sort of believers -- those who are willing to say they believe in "the existence of God.”
America has been built on freedom throughout the years. Freedom to speak, freedom to choose, freedom to worship, and freedom to do just about anything you want within that of the law. America’s law has been designed to protect and preserve these freedoms. The First Amendment guarantees freedom of religion, speech, press, assembly, and petition. It assures citizens that the federal government shall not restrict freedom of worship. It specifically prohibits Congress from establishing an official, government supported church. Under The First Amendment, the federal government cannot require citizens to pay taxes to support a certain church, nor can people be prohibited from worshipping in any way they see fit. However, if a certain religion recommends a practice that is contrary to public morals, such as polygamy, Congress may prohibit such a practice (Weidner, Daniel, 2002). The people of the United States also have the right to assemble peaceably under the First Amendment. The only restriction comes from the word peaceably. Assembly may not be prevented, as long as the proper authorities have reasonable assurance that the meeting will be peaceful (Weidner, Daniel, 2002).
Until the early 1960s, religion was accepted in most public school systems across our nation. One of the main purposes for school in early America was for religious purposes (Prothero). Benjamin Franklin stated, "It is religion and morality alone which can establish the principles upon which freedom can securely stand." Thomas Jefferson stated, "The question isn't what religion is. The question is what religious traditions do we need to know something about in order to be an effective citizen."
In his brief response, President Jefferson sympathized with the Baptists in their opposition to the state of Connecticut’s established religion. The question of this assignment is “What do you think the signers of the Declaration of Independence and the U.S. Constitution thought about the separation of church and state or about the separation of God from government?” While devoutly committed to religious liberty He deeply opposed established churches as existed in Massachusetts and Connecticut, but recognized that, as President, he had to respect them. The letter contains the phrase "wall of separation between church and state," that expressed his reverence for the First Amendment’s “wall of separation between Church & State” at the federal level. This became the short-hand for the Establishment Clause that we use today: "Separation of church and state." President Jefferson put much thought and intense scrutiny into the letter, and consulted New England politicians to assure that his words would not offend while still conveying his message that it was not the place of the Congress or of the Executive to do anything that might be misconstrued an establishment of religion. The now well-known the phrase "wall of separation between church and state,” lay