I just heard a story on Fox News 21 that I am sick of hearing…..

Published On: April 30, 2010|Categories: MRFF's Inbox|0 Comments|

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Hi (name withheld).
I’m afraid that you, along with many others do not understand that although most of the Amendments in the Bill of Rights, as originally written, are only a few line long, much has been added to them over the years.
You are correct that the words “Separation of Church and State” do not appear in the original First Amendment .
But what you may have forgotten is that over the centuries many decisions, rulings and interpretations have been made  by the US Supreme Court that are made part and parcel of the various Amendments they address and which clarify their meanings. The First amendment now contains literally thousands of words based on those various decisions.
Many such rulings have been made which confirm a separation of Church and State which may be easily obtained by Googling  Supreme Court separation of church and state decision.
I have included a couple that apply to our work at MRFF.
Under our constitution, the First Amendment has been held to mean that government may not favor, prefer, advance or promote any particular religion over another, nor religion over non-religion. The armed forces are branches of government and are held to the same restrictions.
I hope this clears things up for you a bit.
Rick Baker
Regional Coordinator
MRFF
Church and State: How the Court Decides


The US Supreme Court has held that Constitutional guarantee for separation of church and state is provided for by extension in the “Establishment Clause” of the First Amendment: “Congress shall make no law respecting an establishment of religion.”
Over many years and many cases mainly involving religion in public schools and other government venues, the Supreme Court has developed three “tests” to be applied to religious practices for determining their constitutionality under the Establishment Clause.
The Lemon Test

Based on the 1971 case of Lemon v. Kurtzman, 403 U.S. 602, 612-13, the Court will rule a practice unconstitutional if:
1.It lacks any secular purpose. That is, if the practice lacks any non-religious purpose.
2. The practice either promotes or inhibits religion.
3. Or the practice excessively (in the Court’s opinion) involves government with a religion.
The Coercion Test
Based on the 1992 case of Lee v. Weisman, 505 U.S. 577 the religious practice is examined to see to what extent, if any, pressure is applied to force or coerce individuals to participate.
The Court has defined that “Unconstitutional coercion occurs when: (1) the government directs (2) a formal religious exercise (3) in such a way as to oblige the participation of objectors.”
A  religious body may not interfere with or attempt to disrupt the  practice of other religions.
A religious body is subject to civil law and may not practice  acts which are deemed illegal under law.
The Endorsement Test
Finally, drawing from the 1989 case of Allegheny County v. ACLU, 492 U.S. 573, the practice is examined to see if it unconstitutionally endorses religion by conveying “a message that religion is ‘favored,’ ‘preferred,’ or ‘promoted’ over other beliefs.”
Source: FindLaw’s Constitutional Law Center
“Wherein ‘core religious viewpoints’  are contrary to or abrogate other Constitutional protections, ‘ the free exercise clause’  and or freedom of  ‘expressive association’ as well as its rights to free speech and the free exercise of religion may be curtailed.”
“No one can serve two masters; for either he will hate the one and love the other, or he will hold to one and despise the other…” [Matthew 6:24] This means man cannot effectively serve a religious and a secular government simultaneously. One must be subordinated to the other.  In America secular government prevails under the constitution while at the same time preserving religious freedom of worship.
Conversely, where religious governments prevail, the freedoms guaranteed under the American secular system do not apply.

Subject: I just heard a story on Fox News 21 that I am sick of hearing…..

Simply put, I have a copy of the constitution in front of me. I read if often. Please tell me where it says ANYTHING about the ‘separation of Church and State!’ because I can’t find it anywhere. This is the most overused and over repeated false statement made in regards to the constitution. It is so WRONG and I am sick of it!
I ask this question from many who use this argument as truth and I never get an answer or when I do, I receive personal insults. I simply want to know where it states “separation of Church and State’ because I DON”T SEE IT and have read the entire document many times! If you can provide me definitive proof that this is stated or outlined anywhere in the constitution I will write a letter of apology – but in my study of our constitution I find only the following:

Amendment 1 – Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note

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.

It clearly states that congress will make NO law respecting an establishment or PROHIBITING THE FREE EXERCISE thereof. Nowhere does it say ANYTHING regarding the ‘separation of Church and State!’ Either get the record straight or quit falsely mis-stating our constitution! We have experienced enough of that!  Most recently, our electorates have ignored Article 2 Section 1 and I suspect you support this completely…

This is not my America! If you really want what the constitution says then READ it first!

(name withheld)

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