Articles Index

Mike Huckabee on America's Secular Constitution: Amending the Constitution

Republican Mike Huckabee openly advocates amending the U.S. Constitution to transform it from a secular document designed to create a secular, civil government into a religious document designed to reflect 'God's standards.' This the goal of Christian Reconstructionists, the most extreme of right-wing Christian Nationalists, but all adherents of Christian Nationalism support the general goal Mike Huckabee is pursuing. This places Mike Huckabee in the camp of theocrats.

Memorial & Remonstrance - History of James Madison's Memorial & Remonstrance

As the author of the First Amendment, James Madison's views on religious freedom and church/state separation are as important as those of Thomas Jefferson. Madison's Memorial and Remonstrance was his most decisive and important explanation of his views about religious freedom. Aimed directly at the collecting of taxes for the purposes of underwriting teachers of 'Christian education,' Madison was against even one cent being collected for such purposes.

Memorial & Remonstrance - Full Text of James Madison's Memorial & Remonstrance

James Madison believed firmly that, under the Constitution, 'there is not a shadow of right in the general government to intermeddle with religion' and that 'this subject is, for the honor of America, perfectly free and unshackled. The Government has no jurisdiction over it...' This is the most concise and the most articulate statement of the views of the First Amendment's author concerning what is 'an establishment of religion.'

Patrick Henry: Bill Establishing A Provision for Teachers of Christian Religion

The climax of the conflict between James Madison and Patrick Henry was the 1784-1785 struggle over Henry's Assessment Bill. This tax for the support of religion at first singled out a one sect for preferential treatment, but was later broadened to include all Christian sects. In its final form, the bill allowed each taxpayer to designate which church should receive his share of the tax. In the absence of such a choice, the legislature was authorized to apply it to 'pious uses.'

Thomas Jefferson's Virginia Act for Establishing Religious Freedom

In 1779 as a member of the General Assembly, James Madison supported Thomas Jefferson's historic Bill for Establishing Religious Freedom; after Jefferson left for diplomatic duties in Europe in 1784, Madison became the bill's prime sponsor. Enactment failed every year from June 1779 until it was finally adopted in January, 1786. The Virginia Act for Establishing Religious Freedom was an important milestone in establishing religious liberty in America and disestablishing official churches.

Boerne v. Flores (1997)

Should the government give special rights to religious believers and religious institutions which no atheist or secular institution can have access to? That's what the Congress did with the Religious Freedom Restoration Act. Far from restoring religious freedom, it created special rights and privileges based on religion, allowing religious institutions to ignore neutral civil laws. The Supreme Court struck down the RFRA in Boerne v. Flores, reinforcing the principle of equality for all.

Sherbert v. Verner (1963)

Employers find it easy to accommodate the religious practices of majority faiths, but the different practices of minority faiths require extra thought. Apparently, it's too much thought and effort for some employers because the same accommodations given to adherents of mainstream Christian churches are sometimes denied outright to even minority Christian churches, never mind non-Christians. The Supreme Court ruled in Sherbert v. Verner that adherents of minority faiths cannot be disadvantaged.

Employment Division, Department of Human Resources of Oregon v. Smith (1990)

Should religious groups be able to ignore generally applicable laws? If religious believers think that they have religious reasons for some activity that is otherwise illegal, should they be allowed to do it freely while others are prosecuted and jailed for the same activity? That was the question raised in Oregon v. Smith, where adherents of a Native American religious group argued they should be allowed to use peyote in religious services while everyone else is banned from using peyote.

Santa Fe Independent School District v. Doe (2000)

One tactics used by conservative Christians to introduce more official prayers into schools is to get students to vote on prayers. In communities where one sort of Christianity dominates, the outcome of voting can be predicted and defended as the 'private' speech of students. Courts, though, have ruled that prayers done on under the auspices of government supervision, with government approval, and with government equipment, is effectively government speech and thus must be restricted.

Cole v. Oroville Union High School (1999)

Are speeches given by students during graduation ceremonies fully private speech, protected by the First Amendment, or are they in some fashion also government-approved speeches, thus restricted by the same First Amendment? Students giving the speeches see themselves as engaging in wholly private speech, but this ignores the context of a state ceremony where government officials have final say over who says what and when. This makes graduation ceremonies state functions.

Religious Freedom Amendment - Does Religious Freedom Need Amending?

The Religious Freedom Amendment was defeated 224-203 in 1998, 61 votes short of the necessary 2/3 majority to change America's Constitution. The RFA was a dangerous manifestation of religious bigotry and authoritarianism. It was nothing more than an attempt by the Christian Right to impose their religion on society. We haven't heard much about the Religious Freedom Amendment in recent years, but the underlying goals are still there and I doubt that this tactic has been entirely abandoned.

Rise of a Theo-Libertarian State? Theo-Libertarianism in America

A libertarian state is one where the state is severely constrained in how it can act; a theocratic state is one where the laws are all based around religion. If some Christians have their way, America could become a bit of both: a theo-libertarian state where the government is severely constrained in what it can do because it can't easily do anything if it interferes with people's religious beliefs or practices. Even if you are a libertarian, a theo-libertarian state can't look good.

Jones v. Clear Creek School District (1992)

If government officials do not have the authority to write prayers for public school students or even to encourage and endorse prayers, can they allow the students themselves vote on whether or not to have one of their own recite prayers during school? Some Christians tried this method of getting official prayers into public schools and the Fifth Circuit Court of Appeals ruled that it's constitutional for students to vote on having prayers during graduation ceremonies.

ACLU v. Black Horse Regional Board of Education (1995)

Religious invocations, including sectarian prayer, are popular components of high school graduation ceremonies across America. Many Christians expect their religion to be part of graduation ceremonies and don't care that not all students are Christians, much less that both Christian and non-Christian students and parents might object to religion being inserted into an official government function. Many courts agree with the dissenters and have ruled religious invocations as unconstitutional.

Wallace v. Jaffree (1985)

Can public schools endorse or encourage prayer if they do so in the context of endorsing and encouraging 'silent meditation' as well? Some Christians thought this would be a good way to smuggle official prayers back into the school day, but courts rejected their arguments and the Supreme Court found the practice unconstitutional. According to the court, such laws have a religious rather than a secular purpose, though all the justices had different opinions as to why exactly the law was invalid.

Abington School District v. Schempp & Murray v. Curlett (1963)

Do public school officials have the authority to pick a particular version or translation of the Christian Bible and have children read passages from that Bible every day? There was a time when such practices occurred in many school districts across the country but they were challenged alongside school prayers and ultimately the Supreme Court found the tradition to be unconstitutional. Schools cannot pick Bibles to be read or recommend that Bibles be read.

Religious Freedom Restoration Act - RFRAs Redefine Religious Freedom

Does everyone remember the Religious Freedom Restoration Act? Enacted by the US Congress in 1993 and quickly signed into law by President Clinton it was ruled unconstitutional by the Supreme Court in Boerne v. Flores. This didn't end the matter because several states enacted their own versions of the RFRA, all attempting to give religious institutions the ability to ignore generally applicable laws which secular organizations would have to continue adhering to.

RLUIPA - Religious Land Use and Institutionalized Persons Act

Have you heard of the Religious Land Use and Institutionalized Persons Act (RLUIPA)? Not many are familiar with the RLUIPA, but everyone who cares about church/state separation needs to be familiar with what it says and what effects it can have on local zoning and land-use regulations. Under the guise of protecting religious liberty, Congress passed a law which effectively gives special rights to religious institutions, a situation which the Supreme Court struck down once already.

Origins of the RLUIPA

Why was the Religious Land Use and Institutionalized Persons Act (RLUIPA) passed? A number of justifications have been offered, but none of them ring very true. Although the stated motivations behind the RLUIPA sound positive, at best it was a solution to a problem that didn't exist. At worst, it's just an attempt to get around the Supreme Court's striking down of the RFRA, an earlier attempt to give special rights to religious institutions that secular organizations do not have.

Problems with the RLUIPA

The Religious Land Use and Institutionalized Persons Act (RLUIPA) is a bad law, through-and-through. Preventing government regulation from creating undue burdens on religious exercise is good, but not, a valid purpose for this law. First, there is little evidence that local governments are engaging in any widespread discrimination against or burdening of religion; Second, this is no right which religious organizations deserve more than non-religious organizations.

Effects of the RLUIPA

The Religious Land Use and Institutionalized Persons Act (RLUIPA) creates major changes in how the rule of law is balanced against religious liberty. Because of the RLUIPA, local governments may be prevented from enforcing local zoning ordinances against religious institutions in the same way as against secular organizations. Understanding what these effects are and why they are a problem are necessary for understanding why the RLUIPA is a bad law.

Graduation Prayers in Public Schools - Case Law on Graduation Prayers

Questions about the constitutionality of graduation and commencement prayers are difficult to answer because the case law varies across the nation. The Supreme Court hasn't had a lot to say about graduation prayers specifically, though they have ruled on school prayers in other contexts, so the rulings of lower courts can have more authority over what is and is not legal for schools to do. This means that the same graduation prayers may be legal in one area of the country but not in another.

Blue Laws & Sabbatarianism in Modern America

Legal enforcement of a 'day of rest' was dormant until recent years, but cat-calls from the choir have been increasing. There is a subtext of anti-civil liberty ideology in defenses of blue laws. Efforts to recreate blue laws do not occur in a political or theological vacuum - they are part of a larger agenda to limit what people can do in the name of others' religious purity. If the state can forbid Sunday shopping because majority Christian sects prohibit it, what else will they prohibit?

Origins of Blue Laws in America

Blue laws, or sabbath laws, are attempts by some Christians to enforce a traditional Christian sabbath as a legally mandated day of rest for everyone. Courts have permitted this, but it violates church-state separation for laws to give Sundays to those churches which treat it as special - priests have no business calling upon our government to give them and their religious sects privileged status. Sundays, like every other day of the week, belong to everybody - not just to Christian churches.

State of the Law for Good Friday Holidays

Where does the law currently stand with regards to official government observances of the Christian holy days of Good Friday and Easter? What are governments allowed and not allowed to do? What are schools allowed to do and what rights to students have? It's helpful to know the answers to these questions as well as what the case law is because you might confront constitutionally suspect actions by local school boards, school administrations, and city councils.