Re: First Amendment as quoted on this page

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On 8/25/01, anon wrote:
> If congress can't restrict the expression of religion, how
> is it they can 1)prohibit the display of Nativity scenes
> (just because it is on government property doesn't mean the
> government is endorsing it - it just shows free expression}
> and 2)the saying of "Merry Christmas" on the radio? You can
> only say "Happy Holidays" - "Merry Christmas" is in the
> same category as "f..." That seems a shame. Explain that
> to me legally.

The provisions in the First Amendment respecting religion are
treated by the courts as two separate clauses: the
establishment clause, on the one hand, and the free exercise
clause, on the other. The free excercise clause protects your
right to exericise any or no religion of your choice, without
government restriction. It is not an absolute freedom,
however. For instance, the Supreme Court has held that this
freedom of religion will not prevail over the state's
criminal laws where the religion calls for the use of
controlled substances which the criminal law forbids.
Similarly, even though genuine precepts of a religion may
encourage polygamy, the Supreme Court has held that the state
can restrain that religious practice under its criminal code.
The free exercise clause is also the basis for statutory
protections against discrimination on the basis of religion
in employment, housing, education and other such fundamental
matters. Analytically distinct from the free exercise clause
is the establishment clause which essentially has been
interpreted by the Courts to prohibit our government from
acting in any way to support the establishment of any
religion. In many contexts, including prayer in public
schools and the display of religious based icons on public
property, the two clauses in the constitution respecting
religion square off against one another. Proponents of prayer
in school argue that its prohibition impairs their free
exercise of religion. Opponents argue its allowance
constitutes government sponsorship/establishment of religion.
One of my current favorite movies, The Contender, has a line
which best encapsulates my own personal view on this debate.
When the lead character, a vice president nominee, is
explaining her various positions to the congressional
committee, she says, "I believe the reason our forefathers
put the separation of church and state in the constitution,
is not to protect religion from the grasp of government, but
to protect government from the grasp of religious fanatics."
Current events underscore for me how wise our forefathers
were.

Re: First Amendment as quoted on this page, 12/15/06, by v.

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