It is unconstitutional for local, state or federal
governments to favor
one religion over another?
Government can show favoritism toward religion by
displaying religious symbols in public places
at taxpayer expense, by
sponsoring events like Christmas
concerts, caroling, or by supporting the
teaching of
religious ideas. It appears the United States
government has
had a history of favoring Christianity.
The United States government's
favoritism of Christianity
is a clear violation of the First Amendment. This
amendment
states that "Congress shall make no law respecting an
establishment of religion or prohibiting the free exercise thereof."
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."
There have been several court cases on this
and related issues
which include Engel vs. Vitale, Everson vs. the Board of
Education,
and Lynch vs. Donnelly, the "Creche case".
In 1947, in
the Everson vs. Board of Education
case, the Supreme Court ruled that the
14th amendment
prevented the States and the and the Federal government
from setting up a church, passing laws that favor any religion, or
using
tax money to support any religion. Justice Hugo Black
"incorporated" the
First Amendment's establishment clause into the
14th Amendment which states
that "the State shall not deny any
person within its jurisdiction the equal
protection of laws and due
process. After this trial, people began to
question whether school
prayer was constitutional (pg. 93-94, Klinker).
The "creche case," Lynch vs. Donnelly, came from
Rhode Island in
1980. In this case, the city offical included
a creche, or nativity scene,
in their city's annual Christmas
display that included all traditional
Christmas symbols.
Chief Justice Warren E. Burger represented the court's
opinion
when he stated that, "Nor does the constitution require
complete
separation of church and state; it affirmatively
mandates accommodation, not
merely tolerance, of all religions,
and forbids hostility toward any."
Justices Brennan, Marshall, Blackman,
and Stevens dissented. They thought
the "primary effect of including a
nativity scene in the city's display is.
. . to place the government's imprematur
approval on the particular
religion's beliefs exemplified by the creche."
They argued that it clearly
violated the First Amendment (p. 99, Witt).
These cases demonstrate a
pattern of Constitutional thought by high
courts prohibiting the promotion
of particular religious ideas, and the
spending of tax dollars on events
that promote particular religious views.
A logical extension of this pattern
can be made to the spending of tax
dollars for decorating towns on religious
holidays, such as Christmas.
Local, state, and federal governments
attempt to get
around the prohibitions of the Everson and Lynch
cases by
decorating the streets in town with non-religious symbols
such as lights,
trees, wreaths and other objects that symbolize the
season. But, religious
people think the season itself has religious
meaning. Using tax money to
decorate for a religious holiday
not celebrated by everyone is
unconstitutional because
these symbols support one religion over no
religion.
The First Amendment prohibits this.
We understand that
public school prayer discriminates
against some religious views so it is
prohibited in public
schools. Similarly, Christmas concerts play a role
similar
to the teaching of creationism and prayer. The Christmas
concerts subconsciously influence students toward the beliefs of
Christianity. To be fair to non-Christian groups, converting
"Christmas"
concerts to "Holiday" concerts would maintain
the "separation of church and
state."
One could recognize the beliefs of many religions or none. One
could play music from several religions or non-religious music.
Religion is a personal belief. There are so many
religions to choose
from, including the choice of no
religion. It is impossible to decide that
one
belief is right and another is wrong. So it is
reasonable to say
that it is unconstitutional for
government to favor Christianity over other
religions,
including Athieism. Instead of using tax dollars to
decorate
the streets for the holidays, we could use
the money for other things like
playgrounds and
helping the homeless. Also, students could play
music
that has no religious meaning to please
every belief or offend none. This
way, government
would be prevented from favoring one religion over another.
Henry, Richard, "Government in America",
Houghton Mifflin
Company, Boston, 1994
pg.141, 146, 148.
Klinker, Philip A., "The
American Heritage History of
the Bill of Rights", Silver Burdett Press.,
1991
pg. 99-100, 109, 93.
"Darrow, Clarence Steward", "The American
Peoples
Encyclopedia vol.6 ", Grolier Incorporated, New York
1962, pg.
796.
Witt, Elder ,"The Supreme Court and Individual Rights",
Second
Edition, Congressional Quarterly Inc.,
Washington D.C., 1988, pg.
99