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Introduction: Religion and the Secular Prejudice
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10939 |
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MODERN THOUGHT
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5 / 1993 |
1,399 Words |
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The one and the only real and profound theme of the world and of human history--a theme to which all others are subordinate--remains the conflict between belief and unbelief.
—Goethe
Most Americans, if they do think about the matter at all, probably regard the problem of the church-state relationship as a very simple one: "I believe in religious freedom and the separation of church and state" would be atypical statement of popular understanding.
But what is "church"? What is "state"? What is "separation"? Who should delimit the powers of the church and the state? These questions can perhaps never be fully answered. But they go to the very heart of our philosophy of government, touching every aspect of public and private life.
Recent events reveal that profound changes have taken place in thought and attitude toward religious freedom--changes that will significantly impact our right to practice religion freely. Over the last several years the Supreme Court has repeatedly turned the principles governing church-state relations on their head. From the constitutional principle that "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof," the Court has moved to the principle that "government need not show a compelling interest" when interfering with religious practices that clash with "reasonable" laws.
Based on the legal tenet articulated in Oregon Employment Division v. Smith, a federal court in Minnesota rejected the charge of Cornerstone Bible Church that the city of Hastings impeded the church's ability to practice its faith by forbidding it to locate in a commercial zone. The court noted in its ruling that the rights of the church could be no more protected than those of an adult movie theater.
Battle lines are already forming over taxation and regulation of churches and religious groups, funding of religious social services, and discrimination on the basis of religious beliefs. In 1992, New Jersey Gov. James Florio signed into law a stature prohibiting churches from discriminating in the hiring and firing of employees based on sexual orientation. The statute also requires churches to accommodate homosexuals in marriage and sacrament services. (The law is currently on hold pending appeal.) A similar law was overturned in Hawaii. But Congress is currently considering legislation that would revise federal civil-rights laws. If
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