STIFLING THE FREE EXERCISE OF RELIGION
by F.R. Duplantier
ST. LOUIS/ Behind The Headlines -- The First Amendment to the U.S. Constitution was
intended to protect our right to practice our religious
faith freely; and yet, the Supreme Court has often
invoked this amendment to justify decisions restricting our freedom of religion. The nation's highest
Court has prohibited the teaching of religion in public
schools, even when students have parents' consent
and a choice of religious denominations. It has also
outlawed the recitation of prayers and the reading of
the Bible in public schools. On the other hand, the
Court has done nothing to curtail the promotion of
secular humanism in the public schools, notwithstanding the First Amendment's prohibition against "an
establishment of religion" and the Court's own ruling
that secular humanism itself is a religion.
It was to "secure the blessings of liberty to ourselves and our posterity" that our Founding Fathers
adopted the United States Constitution in 1787. The
Bill of Rights was added in 1791. These first ten
Amendments to the Constitution list many -- but not
all -- of our "unalienable rights" and prohibit the
federal government from infringing upon them.
The First Amendment states, "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." It is quite
clear from the historical record that our Founding
Fathers intended to encourage religion, not discourage
it, and that they simply wanted to ensure that the
power of the federal government would never be used
to favor one denomination over another. The Northwest Ordinance, approved by Congress in the same
year as the Constitution, specifically calls for the encouragement of "schools and the means of education" in order to promote "religion, morality, and knowledge," which are said to be necessary to "government
and the happiness of mankind." In his Farewell Address, the Father of our Country and our first President, George Washington, declared "religion and
morality" to be "indispensable supports" leading to
"political prosperity."
The First Amendment does not prohibit the encouragement of religious belief and morality. It does prohibit an establishment of religion -- that is, the
creation of an official state church -- but the prohibition applies solely to the federal government. The
Ninth Amendment stipulates that rights enumerated in
the Constitution and the first eight Amendments do
not preclude the existence of other rights belonging to
the people. The Tenth Amendment stipulates that the
States and the people retain all powers not expressly
granted to the federal government. In other words, any
one of our 50 states could, with the approval of its
citizens, establish an official church. Educated Americans know that some of the original states did, in fact,
have established religions when they ratified the Constitution. Clearly then, the First Amendment was never intended to be used as a foil against faith.
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