First Amendment Violation: Separation Of Church And State

 

In a recent Wall Street Journal article written by Jacob Gershman entitled: For Next Big Religion Case, High Court Goes to Greece, is reported that the U.S. Supreme Court agreed to rule on a case whether an upstate New York town violated the Constitution by opening its public meetings with a Christian prayer.

The case centers on the Town of Greece, near Rochester, which had routinely invited Christian clergy to deliver prayers, most of which contained references to “Jesus Christ,” “Jesus,” “Your Son,” or the “Holy Spirit.”

Town residents claim the practice violated the separation of church and state of the First Amendment.

Constitutional scholar Carl Tobias, of the University of Richmond School of Law, said “It’s a very delicate and difficult issue”.

The outcome could have wider implications beyond legislative invocations, Mr. Tobias said. It could have an impact on everything from school prayer to what may be recited at funerals for state troopers.

Let us make an overview of the 1st Amendment.

What is the First Amendment?

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 Defined:

The First Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.

The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.

Stipulations of the 1st Amendment:

The First Amendment to the United States Constitution prohibits the passing or creation of any law which establishes a religious body and directly impedes an individual’s right to practice whichever religion they see fit.

The First Amendment to the United States Constitution is a part of the Bill of Rights and the amendment which disables an entity or individual from practicing or enforcing a religious viewpoint which infringes on the freedom of speech, the right peaceable assemble, the freedom of the press, or which prohibits the petitioning for a governmental evaluation of grievances.

In its infancy, the First Amendment only applied to laws enacted by Congress; however, the following Gitlow v. New York, the Supreme Court developed that the Due Process Clause attached to the Fourteenth Amendment applies the fundamental aspects of the First Amendment to each individual state, including all local governments within those states.

The Establishment clause of the First Amendment is the primary pronouncement in the Amendment, stating that Congress cannot institute a law to establish a national religion for the preference of the U.S. government states that one religion does not favor another. As a result, the Establishment Clause effectively created a wall of separation between the church and state.

How the First Amendment was created:

When the original constitution was created there was significant opposition due to the lack of adequate guarantees for civil freedoms. To offer such liberties, the First Amendment (in addition to the rest of the Bill of Rights) was offered to the states for ratification on September 25, 1789 and later adopted on December 15, 1791.

Court Cases tied into the 1st Amendment

In Sherbert v. Verner, the Supreme Court applied the strict scrutiny standard of review to the Establishment Clause, ruling that a state must demonstrate an overwhelming interest in restricting religious activities.

In Employment Division v Smith, the Supreme Court went away from this standard by permitting governmental actions that were neutral regarding religious choices.

1st Amendment: Freedom of Speech

Freedom of speech in the United States is protected by the First Amendment and is re-established in the majority of state and federal laws. This particular clause typically protects and individual’s right to partake in even distasteful rhetoric, such as racist or sexist comments and distasteful remarks towards public policy.

Speech directed towards some subjects; however, such as child pornography or speech that incites an imminent threat, as well commercial forms of speech are regulated.


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One thought on “First Amendment Violation: Separation Of Church And State

  1. I like Your history lesson.
    Where is it applicable. In this Lawless country? the Constitution as we know it is in a house, there’s no one home.

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