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The First Amendment to the United States Constitution prevents the government from making laws which regulate an establishment of religion, or that would prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
The separation of church and state is a philosophic and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular state and to disestablishment, the changing of an existing, formal relationship between the church and the state. Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between church and state", a term coined by Thomas Jefferson.
Wallace v. Jaffree, 472 U.S. 38 (1985), was a United States Supreme Court case deciding on the issue of silent school prayer.
Abington School District v. Schempp, 374 U.S. 203 (1963), was a United States Supreme Court case in which the Court decided 8–1 in favor of the respondent, Edward Schempp on behalf of his son Ellery Schempp, and declared that school-sponsored Bible reading in public schools in the United States was unconstitutional. The Chief Justice of the Supreme Court during this case was Earl Warren.
"Separation of church and state" is paraphrased from Thomas Jefferson and used by others in expressing an understanding of the intent and function of 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..."
The Blaine Amendment was a failed amendment to the U.S. Constitution that would have prohibited direct government aid to educational institutions that have a religious affiliation. Thirty-eight of the fifty states later adopted provisions of Blaine in their state constitutions. The measures were designed to deny government aid to parochial schools, especially those operated by the Catholic Church in locations with large immigrant populations. The Blaine Amendment emerged from a growing consensus among 19th-century U.S. Protestants that public education must be free from “sectarian” or “denominational” control, while it also reflected nativist tendencies hostile to immigrants. The amendments are generally seen as explicitly anti-Catholic because when they were enacted public schools typically included Protestant prayer, and taught from Protestant bibles, although debates about public funding of sectarian schools predate any significant Catholic immigration to the U.S. Thus, at the time of the Blaine amendments, public schools were not non-sectarian or non-denominational in the modern sense; nor were they completely secular.
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to state law. Prior to this decision, the First Amendment's words, "Congress shall make no law respecting an establishment of religion" imposed limits only on the federal government, and many states continued to grant certain religious denominations legislative or effective privileges.
The White House Office of Faith-Based and Neighborhood Partnerships, formerly the White House Office of Faith-Based and Community Initiatives (OFBCI) is an office within the White House Office that is part of the Executive Office of the President of the United States.
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, or prohibiting the free exercise thereof...
Charitable choice refers to direct United States government funding of religious organizations to provide social services.
Michael William McConnell is a constitutional law scholar who served as a United States Circuit Judge of the United States Court of Appeals for the Tenth Circuit from 2002 until 2009. Since 2009, McConnell has served as a professor and Director of the Stanford Constitutional Law Center at Stanford Law School. He is also a senior fellow at Stanford University's Hoover Institution, and Senior Of Counsel to the Litigation Practice Group at Wilson Sonsini Goodrich & Rosati. On 6 May 2020, Facebook appointed him to its content oversight board.
Francis J. "Frank" Beckwith is an American philosopher, professor, scholar, speaker, writer, and lecturer.
Conscience clauses are legal clauses attached to laws in some parts of the United States and other countries which permit pharmacists, physicians, and/or other providers of health care not to provide certain medical services for reasons of religion or conscience. It can also involve parents withholding consenting for particular treatments for their children.
Cantwell v. Connecticut, 310 U.S. 296 (1940), is a decision by the United States Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment and so applies to state governments too.
Braunfeld v. Brown, 366 U.S. 599 (1961), was a case decided by the United States Supreme Court. In a 6-3 decision, the Court held that a Pennsylvania law forbidding the sale of various retail products on Sunday was not an unconstitutional interference with religion as described in the First Amendment to the United States Constitution.
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.
American Jewish Congress v. Bost is an establishment clause lawsuit concerning the separation of church and state in Brenham, Texas. The case is the first constitutional challenge to a charitable choice contract.
Religion and business have throughout history interacted in ways that relate to and affected one another, as well as influenced sociocultural evolution, political geographies, and labour laws. As businesses expand globally they seek new markets which leads to expanding their corporation’s norms and rules to encompass the new locations norms which most often involve religious rules and terms.
Serbian Orthodox Diocese v. Milivojevich, 426 U.S. 696 (1976), is a United States Supreme Court case in which the Court held that the judicial determination of the Illinois Supreme Court violated the First Amendment and Fourteenth Amendments. In matters of dispute within hierarchal religious organizations, the Establishment Clause precludes intervention by civil courts regarding internal disputes of church governance. Per the Establishment Clause, decisions imposed by hierarchal religious organizations are binding in civil courts.
Town of Greece v. Galloway, 572 U.S. 565 (2014), is a United States Supreme Court case in which the court decided that the Town of Greece, New York may permit volunteer chaplains to open each legislative session with a prayer. The plaintiffs were Susan Galloway and Linda Stephens, represented by Americans United for Separation of Church and State. They argue that the prayers violate the Establishment Clause of the First Amendment to the United States Constitution. The United States Court of Appeals for the Second Circuit ruled against the town, and on May 20, 2013 the Supreme Court agreed to rule on the issue. On May 5, 2014, the U.S. Supreme Court ruled 5–4 in favor of the Town of Greece, holding that the town's practice of beginning legislative sessions with prayer did not violate the Establishment Clause of the First Amendment.
References
- ↑ Joseph P. Hester (2003). The Ten Commandments: A Handbook of Religious, Legal and Social Issues . McFarland & Company. p. 111. ISBN 0-7864-1419-7.
Carl Esbeck -Carl Esbeck.
- ↑ MR Robin Parry, Craig G. Bartholomew, Andrew West (2004). The Futures of Evangelicalism: Issues and Prospects. Kregel Publications. ISBN 0-8254-2022-9.CS1 maint: multiple names: authors list (link)
- ↑ Amy E. Black; Douglas L. Koopman; David K. Ryden (2004). Of Little Faith: The Politics of George W. Bush's Faith-based Initiatives . Georgetown University. p. 33. ISBN 1-58901-013-2.
Carl Esbeck.
