Establishment Clause Freedom of Religion - Church And State, Development Of Separation Concepts, Religion In The Public Classroom, The Lemon Test Turns Sour

Establishment Clause Freedom of Religion - Church And State

In an 1802 letter President Thomas Jefferson wrote of a need to maintain a "wall of separation" between church and state so as to avoid unequal treatment of the young nation's citizens. The Establishment Clause of the Constitution has since become synonymous with the phrase "separation of church and state." The terms church and state have rather specific meanings in common usage. Church normally r…

Establishment Clause Freedom of Religion - Development Of Separation Concepts

Controversy over the relationship between church and state extends back at least to the Roman Empire following the adoption of Christianity as the state religion in the fourth century. At the height of church influence early in the thirteenth century, the Roman Catholic Pope issued a decree stating the church should have a voice in the civil governments of Europe. Such a proclamation led to signif…

Establishment Clause Freedom of Religion - Religion In The Public Classroom

Cases related to public schools soon dominated Establishment Clause court decisions. In the Warren and Burger Courts of the 1960s and 1970s the Court more fully defined the separation of church and state. Activities publicly accepted since public schools began operation in the United States in the mid-nineteenth century became prohibited. In 1962 the issue of officially sponsored prayer in public …

Establishment Clause Freedom of Religion - The Lemon Test Turns Sour

As religious activist groups became better organized, the Religious Right, led by a loose alliance of various organizations, rose in political prominence by 1980. The role of religion in America became a more visible issue. New Supreme Court appointments by presidents Ronald Reagan and George Bush led to a distinct lowering of the "wall" between church and state. The Lemon test was found by the ne…

Establishment Clause Freedom of Religion - A Public Moral Basis

A fundamental shift late in the twentieth century gave religious practice equal treatment under the law. Religious conduct became subject to the same laws as the rest of society rather than protected from general laws in the spirit of separation. This change opened the door to greater government aid to religious schools and organizations. The debate over the meaning of the Establishment Clause oft…

Establishment Clause Freedom of Religion - Further Readings