In today's society, Religious Freedom is evolving as a major legal matter. Christian business owners, Churches/Pastors, Local Governments, and even Schools are facing lawsuits regarding allowable or prohibited conduct associated with religious freedom. The most common reply is "separation between church and state", wherein the TRUE meaning and application of the Constitution is painted too broadly. For example, a Tennessee student was recently suspended for saying "God Bless You" when a student sneezed. http://www.philly.com/philly/blogs/trending/Student-suspended-for-saying-Bless-you.html.
The mayor of Houston recently had to back down after having the City's legal staff issue subpoenas for the SERMONS of 5 Pastors who disagreed with her new gender and sexual orientation-related policies. http://www.foxnews.com/opinion/2014/10/29/houston-mayor-drops-bid-to-subpoena-pastors-sermons/
So the Question becomes, what does the Constitution MEAN in regard to the separation of Church and State? Well, first, let's read what the Constitution actually STATES regarding Freedom of Religion, 1st Amendment.
"Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of speech, or
of the press; or the right of the people peaceably to assemble, and to petition
the Government for a redress of grievances."
Note, that the First Amendment refers to Congress (also applied to other government bodies/entities) shall MAKE no law ESTABLISHING or PROHIBITING free exercise of religion. This is very important because Governments cannot PROHIBIT one person's religious exercise (doesn't have to be a major denomination) or set-up/establish another person's religion. For example, suspending a student for saying "God bless you" by asserting "separation of church and state" is a legal fallacy. The Government entity/school didn't ESTABLISH a religion by the student's expression of "God Bless You", but they arguably did prohibit her free exercise of religion by punishing her for saying the word "God". It's also noteworthy that the usage of "God bless you" is customary in everyday society as a response to a sneeze without religious connotations. Furthermore, if, for example, the school allows a Jewish child to wear a Yarmulke (hat); a Muslim child to wear a headcovering; etc., it has now arguably violated the student's Civil Rights (religious discrimination), because it is not only purposefully excluding/prohibiting her Christian religion while allowing the religious exercise of other students.
As recently decided by the Supreme Court in the Hobby Lobby case, individuals do not lose their religious freedom when they open a family business. The court ruled 5-4 in favor of David and Barbara Green and their family business, Hobby Lobby ruling they do not have to violate their faith or pay severe fines. This was a landmark victory for Christian religious rights. http://www.hobbylobbycase.com/the-case/the-decision/
There are so many other examples of Religious Freedom matters (Hobby Lobby and the Affordable Care Act contraception mandates are well known) now coming before the courts. At Rawsi Williams Law Group, we serve you to defend your constitutional rights to exercise your Christian beliefs. Contact us today at www.CallRawsiWilliams.com
DOES THE CONSTITUTION REALLY MEAN SEPARATION BETWEEN CHURCH AND STATE
by Rawsi Williams, Esq. R.N. on Dec. 06, 2014
Summary
Defending Religious Freedom is evolving as a Major issue. Hobby Lobby; the Tennessee student suspended for saying "God bless you;" the Houston Mayor subpoenaing Pastor's SERMONS. But does the Constitution actually state "Separation of Church and State?"
DOES THE CONSTITUTION REALLY REQUIRE THE SEPARATION OF CHURCH AND STATE?