Ceremonial deism is a legal term used in the United States to designate governmental religious references and practices deemed to be mere cultural rituals and not inherently religious because of long customary usage. Proposed examples of ceremonial deism include the reference to God introduced into the Pledge of Allegiance in 1954, the phrase "In God We Trust" on U.S. currency, and the Ohio state motto, "With God, all things are possible".
The term was coined in 1962 by the then-dean of Yale Law School, Eugene Rostow, and has been used since 1984 by the Supreme Court of the United States to assess exemptions from the Establishment Clause of the First Amendment to the U.S. Constitution.
The first use of the term in a Supreme Court opinion is in Justice Brennan's dissenting opinion in Lynch v. Donnelly , 465U.S.668 (1984).
...I would suggest that such practices as the designation of "In God We Trust" as our national motto, or the references to God contained in the Pledge of Allegiance to the flag can best be understood, in Dean Rostow's apt phrase, as a form a "ceremonial deism," protected from Establishment Clause scrutiny chiefly because they have lost through rote repetition any significant religious content.
In Elk Grove Unified School District v. Newdow , 542U.S.1 (2004). Justice O'Connor, concurring in the opinion, invoked the term in her analysis of the nature of the phrase "under God" in the Pledge of Allegiance, saying in part
There are no de minimis violations of the Constitution – no constitutional harms so slight that the courts are obliged to ignore them. Given the values that the Establishment Clause was meant to serve, however, I believe that government can, in a discrete category of cases, acknowledge or refer to the divine without offending the Constitution. This category of "ceremonial deism" most clearly encompasses such things as the national motto ("In God We Trust"), religious references in traditional patriotic songs such as "The Star-Spangled Banner", and the words with which the Marshal of this Court opens each of its sessions ("God save the United States and this honorable Court"). These references are not minor trespasses upon the Establishment Clause to which I turn a blind eye. Instead, their history, character, and context prevent them from being constitutional violations at all. [emphasis added, citations omitted]
It has been unsuccessfully argued that the government requiring or promoting the phrase in "under God" violates protections against the establishment of religion guaranteed in the Establishment Clause of the First Amendment. [1]
David Niose argues that reference to religion is not more likely to be harmless merely because it is "ceremonial." Used for the purpose of defending religious references by the government as harmless, he says the term "ceremonial deism" is grossly inaccurate and even dangerous, and argues that genuinely discriminatory governmental actions often escape scrutiny, partly because they are shielded by the euphemism of "ceremonial deism". [2]
Professor Martha Nussbaum at the University of Chicago Law school stated in 2008 that "'Ceremonial Deism' is an odd name for a ritual affirmation that a Deist would be very reluctant to endorse, since Deists think of God as a rational causal principle but not as a personal judge and father." [3]
Deism is the philosophical position and rationalistic theology that generally rejects revelation as a source of divine knowledge, and asserts that empirical reason and observation of the natural world are exclusively logical, reliable, and sufficient to determine the existence of a Supreme Being as the creator of the universe. More simply stated, Deism is the belief in the existence of God, specifically in a creator who does not intervene in the universe after creating it, solely based on rational thought without any reliance on revealed religions or religious authority. Deism emphasizes the concept of natural theology.
The Pledge of Allegiance of the United States is a patriotic recited verse that promises allegiance to the flag of the United States and the republic of the United States of America. The first version, with a text different from the one used at present, was written in 1885 by Captain George Thatcher Balch, a Union Army officer in the Civil War who later authored a book on how to teach patriotism to children in public schools. In 1892, Francis Bellamy revised Balch's verse as part of a magazine promotion surrounding the World's Columbian Exposition, which celebrated the 400th anniversary of Christopher Columbus' arrival in the Americas. Bellamy, the circulation manager for The Youth's Companion magazine, helped persuade then-president Benjamin Harrison to institute Columbus Day as a national holiday and lobbied Congress for a national school celebration of the day. The magazine sent leaflets containing part of Bellamy's Pledge of Allegiance to schools across the country and on October 21, 1892, over 10,000 children recited the verse together.
Wallace v. Jaffree, 472 U.S. 38 (1985), was a United States Supreme Court case deciding on the issue of silent school prayer.
Engel v. Vitale, 370 U.S. 421 (1962), was a landmark United States Supreme Court case in which the Court ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment. The ruling has been the subject of intense debate.
"In God We Trust" is the official motto of the United States as well as the motto of the U.S. state of Florida. It was adopted by the U.S. Congress in 1956, replacing E pluribus unum, which had been the de facto motto since the initial design of the Great Seal of the United States.
Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004), was a case decided by the U.S. Supreme Court. The lawsuit, originally filed as Newdow v. United States Congress, Elk Grove Unified School District, et al. in 2000, led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of religion and therefore violate the Establishment Clause of the First Amendment to the United States Constitution. The words had been added by a 1954 act of Congress that changed the phrase "one nation indivisible" into "one nation under God, indivisible". After an initial decision striking the congressionally added "under God", the superseding opinion on denial of rehearing en banc was more limited, holding that compelled recitation of the language by school teachers to students was invalid.
Michael Arthur Newdow is an American attorney and emergency medicine physician. He is best known for his efforts to have recitations of the current version of the Pledge of Allegiance in public schools in the United States declared unconstitutional because of its inclusion of the phrase "under God". He also filed and lost a lawsuit to stop the invocation prayer at President Bush's second inauguration and in 2009 he filed a lawsuit to prevent references to God and religion from being part of President Obama's inauguration.
"Separation of church and state" is a metaphor paraphrased from Thomas Jefferson and used by others in discussions regarding the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution which reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court that applied the Establishment Clause of the First Amendment to state law. Prior to this decision, the clause, which states, "Congress shall make no law respecting an establishment of religion", imposed limits only on the federal government, while many states continued to grant certain religious denominations legislative or effective privileges.
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text is:
Congress shall make no law respecting an establishment of religion...
The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
McCreary County v. American Civil Liberties Union of Kentucky, 545 U.S. 844 (2005), was a case argued before the Supreme Court of the United States on March 2, 2005. At issue was whether the Court should continue to inquire into the purpose behind a religious display and whether evaluation of the government's claim of secular purpose for the religious displays may take evolution into account under an Establishment Clause of the First Amendment analysis.
Aronow v. United States (1970) was a case heard by the United States Court of Appeals for the Ninth Circuit challenging the inclusion of "In God We Trust" on U.S. currency. The lawsuit alleged that a law passed by Congress requiring that "the inscription 'In God we Trust'... shall appear on all United States currency and coins" was a violation of the Establishment Clause of the First Amendment to the United States Constitution.
The Pledge of Allegiance of the United States has been criticized on several grounds. Its use in government funded schools has been the most controversial, as critics contend that a government-sanctioned endorsement of religion violates the Establishment Clause of the First Amendment to the U.S. Constitution. Arguments against the pledge include that the pledge itself is incompatible with democracy and freedom, that it is a form of nationalistic indoctrination, that pledges of allegiance are features of totalitarian states such as Nazi Germany, and that the pledge was written to sell flags.
Sherbert v. Verner, 374 U.S. 398 (1963), was a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required the government to demonstrate both a compelling interest and that the law in question was narrowly tailored before it denied unemployment compensation to someone who was fired because her job requirements substantially conflicted with her religion.
Texas Monthly v. Bullock, 489 U.S. 1 (1989), was a case brought before the US Supreme Court in November 1988. The case was to test the legality of a Texas statute that exempted religious publications from paying state sales tax.
The modern motto of the United States of America, as established in a 1956 law signed by President Dwight D. Eisenhower, is "In God we trust". The phrase first appeared on U.S. coins in 1864.
David Niose is an attorney, author, and activist who has served as president of the American Humanist Association and the Secular Coalition for America. In these positions he has pursued legal and advocacy efforts on behalf of secularism.
The secular movement refers to a social and political trend in the United States, beginning in the early years of the 20th century, with the founding of the American Association for the Advancement of Atheism in 1925 and the American Humanist Association in 1941, in which atheists, agnostics, secular humanists, freethinkers, and other nonreligious and nontheistic Americans have grown in both numbers and visibility. There has been a sharp increase in the number of Americans who identify as religiously unaffiliated, from under 10 percent in the 1990s to 20 percent in 2013. The trend is especially pronounced among young people, with about one in three Americans younger than 30 identifying as religiously unaffiliated, a figure that has nearly tripled since the 1990s.
Catholicism and Deism are two theologies that have opposed each other in matters of the role of God in the world. Deism is the philosophical belief which posits that although God exists as the uncaused First Cause, responsible for the creation of the universe, God does not interact directly with that subsequently created world. As deism is not organized, its adherents differ widely in important matters of belief, but all are in agreement in denying the significance of revelation in Christian Scripture and Tradition. Deists argue against Catholicism by either, only considering Scripture to be a helpful moral tool, or denying: its divine character, the infallibility of the Church and Traditions, and the validity of its evidence as a complete manifestation of the will of God. Deism is first considered to have manifested itself in England towards the latter end of the seventeenth century.
