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Separation of Church & State
By: Laura Haw, Kyle Hartwig, Kevin Leonard, Jake Rizkalla
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Content Overview• Early History
– Divine Rights– Galileo– Foundation of the United States
• Puritans• Jefferson Bible
• Education:– Public School– Home schooling– Evolution– Prayer in sports
• Church’s Role within the Judicial Branch– Justices– Court decisions
• Medical Policies & Religion– Pro-life / Pro-choice– Terri Schiavo
• Gay Rites• Current Issues
– Locally (Religious Observance Policy)• Ways to get Involved
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Early History
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Early History – Divine Rights
• Divine Rights: – states that a “monarch owes his
rule to the will of God, not to the will of his subjects, parliament, the aristocracy or any other competing authority”.
• “Divine Rights of Kings,” Wikipedia. <http://en.wikipedia.org/wiki/Divine_Right_of_Kings>, 3 April 2007.
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Early History – Galileo
• Published book Sidereus Nuncius in 1610.
• Some of Galileo’s findings contradicted the Bible.
• Feb 16th, 1616, Galileo presents his case to the Inquisition in Rome.
• Results included that he had to abandoned such opinions.
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Early History - Puritans
• Roger Williams, a Separatist, believed that church and state should be separate.
• William founded his own colony, Providence in 1636.– It was founded on the belief that
church and state should remain separate.
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Early History
• Jefferson Bible “The Life and Morals of Jesus of Nazareth”
– Wanted to make the teaching of Jesus less supernatural.
– Though it would be better to use only the worlds and teaching of Jesus himself.
– Left out any mention of angels, genealogy, prophecy, miracles, the Trinity, the divinity of Jesus and resurrection.
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Education
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Education - Public Schools
• 90% of American children attend public schools.
• Has prayer been expelled from our schools, as some people claim?
• Has bible reading been banned in public schools?
• Do teachers need to avoid all mention of religion?
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Education – Public Schools• 1962 Supreme Court Case ()
– Ruled official prayer had no place in public education.
– Government sponsored worship.• Nothing in the 1962 ruling made
it unlawful for students to read a bible during school hours.
• High school religious clubs must be outside of hours.
• Objective study about religion in public schools is legal and appropriate.
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Education – Public Schools• Is it right to allow advertising
for religion in public schools?
• Should parents be pulling out a pamphlet on a Friday night from their sons or daughters backpack telling them about the Pagan religion?
• Should we be worried that religious groups use a child's backpack as a outreach strategy?
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Education – Public Schools• Doors Open For Pagan Proselytizing In
Virginia Public School– “Have you ever wondered what
‘Holidays’ refers to?”– “Everyone knows about Christmas –
but what else are people celebrating in December? Why do we celebrate the way we do?”
– “An educational program for children of all ages (and their adults), where we’ll explore the traditions of December and their origins, followed by a Pagan ritual to celebrate Yule.”
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Education – Public Schools• Can high school
students meet with religious intention?
• How constitutional is it to read a bible in class?
• What about religion in the class room, can teachers instruct about it?
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Education – Public Schools• “No holding of this Court
suggests that a school can persuade or compel a student to participate in a religious exercise…”– Supreme Court Justice
Anthony Kennedy
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Education – Public Schools• Can students use religion
in their reports and homework?
• How far does religious freedom go with student presentations heard by the class?
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Education – Public Schools• Should students be allowed
to try to convince their peers about religious views?– What should faculty do about
these debates?
• Should public schools be able to celebrate religious holidays?
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Education – Public Schools• Main Point of Interest:
– Being neutral on religion is not the same as being hostile towards it.
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Education – Prayer in Sports• Lee v. Weisman
– This ruling made prayer in public schools unconstitutional.
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Church’s Role in the Judicial Branch• Why you should be shocked
with our Justices?– First Catholic majority in history.– 5/9 Justices are Catholic,
compared to 25% of Americans.– 2/9 Justices are Jewish, while only
2% of Americans are Jewish.
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Church’s Role in the Judicial Branch
• There has been only one Justice who was not considered to be a member of any church. – Justice David Davis (1862-
1877).– 1/108 total Justices.
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Justices – Samuel Alito
• Confirmed by the Senate with a 58 – 42 vote.
• Voted with the majority in ACLU v. Schundler.– Held that government – sponsored
holiday displays were permissible as long as they included both secular and religious symbols.
• Held a dissenting opinion in C.H. v. Oliva et al.
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Timeline of Supreme Court Cases
1968: Epperson v. Arkansas
1971: Lemon v. Kurtzman
2000: Santa Fe. IntermediateSchool District v. Doe
2005: Kitzmiller v. Dover County School District
2006: Selman v. Cobb County School District
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Medical Policies & Religion – Terri Schiavo
• Condition: – Brain damaged– Cardiac and respiratory
arrest• Persistent vegetative state
(PVS)
• Parents v. Husband
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Same - Sex Marriage and the Violation of Church and State• Should church and state
interaction exist on the subject of marriage?
• Does the purposed amendment violate the separation of church and state?
• Should federal and state governments recognize marriages between gay couples?
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Same - Sex Marriage and the Violation of Church and State• Does banning gay marriage
infringe on religious rights?– Unitarian Universalist
Association – Union for Reform Judaism– United Church of Christ
• Would churches ever have to sanctify same-sex marriages?
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Current Issues - Locally
• Current revision of the Michigan State University’s Religious Observance Policy
• Who does this effect?– Students / Professors
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Current Issues - Locally• The Okemos Christian
Center is in the process of trying to build a larger church.
• Okemos District Court ruled.
• Currently being appealed to the 6th U.S. Circuit Court of Appeals.