Religion in Government

Paper Summary:

This paper presents the most relevant arguments and interpretations regarding the First Amendment, specifically the free exercise and establishment clauses concerning religion. In doing so, the paper addresses the concept of captive audiences, especially those involved in government arenas, with regard to the infringements posed by either prohibiting or permitting religious displays in courthouses, by the court system. It then asserts not only the historical importance of this separation to democracy, but also provides specific facts regarding the incorrect nature of many of the assertions of the Christian right in today's battle regarding religion in schools.

From the Paper:

"These rulings have seemingly affirmed the Supreme Court's stance on behaviors in public schools which could be interpreted as the government endorsement of a religious practice; the Court has traditionally upheld the right of individuals to freely practice their religion but only in situations in which it does not coerce or force others to participate in their religious displays as well. Public school events are, the Court has ruled, an environment in which the use of public property for religious activities can be interpreted as governmental support for religion and, therefore, such activity is to be prohibited. By association, the public nature of the courthouse appears to closely associate with the rulings regarding religion in a public school."

Sample of Sources Used:

• Abington v. Schempp, 374 US 203 (1963).
• Davis, Derek. Religion and the Continental Congress, 1774-1789. Oxford: Oxford University Press, 2000.
• Elk Grove Independent School District v. Newdow, No. 02-1624, 2004.
• Jefferson, Thomas. "Letter to the Danbury Baptists," 1802. Available at http://www.usconstitution.net/jeffwall.html.
• Lee v. Weisman 505 US 577 (1992).

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