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"one's views of his relations to his Creator, and to the obligations they impose of
reverence for his being and character, and of obedience to his will."
Davis v. Beason (1890)
“the general Principles of Christianity, in which
all those Sects were united . . . Now I will
avow, that I then believed, and now believe, that those
general Principles of Christianity, are as
eternal and immutable, as the Existence and
Attributes of God”
No Longer Content Specific
The state cannot “aid those religions based on a belief in the existence of
God as against those religions founded on
different beliefs. Torasco v. Watkins (1961)
Competition
Rick Perry’s . . . an evangelical Christian, a follower of Jesus Christ. Mitt Romney’s . . . not a Christian. Mormonism is not Christianity. It has always been considered a cult by the mainstream of Christianity.” –Robert Jeffress, First Baptist Dallas TX
“the general Principles of Christianity, in which all those Sects were united”
-- John Adams to Thomas Jefferson,1813
The Shape of American Protestantism
The Shape of American Religion
“not primarily confession “certainly not territorial “And unlike any previous
church in Christendom, it has no official connection with a civil power.”
– Sidney Mead, Lively Experiment,103-104.
“Mormonism must first show that it satisfies the American ideas of a church, and a system of religious faith, before it can demand of the
nation the protection due to religion. This it cannot do, for it is
not a church; it is not religion according to the American idea and
the United States constitution.”-- Rev. A.S. Bailey, “Anti-American Influences in Utah” (1888)
“Obedience to law, tolerance of opinion, loyalty to country – these are the principles which make the flag a sacred thing and this Republic immortal.” - Senator Albert J. Beverage (1907)
20th Century Religious Citizenship
In re: Reed Smoot (1904-07)
“Perhaps the most important question to ask a person of faith who seeks a political office, is
this: Does he share these American values: the
equality of human kind [tolerance], the obligation to serve one another [loyalty], and a steadfast commitment to liberty [obedience to
law]?”
-- Mitt Romney, “Faith in America” (12/6/07)
“Widening gyres”
Application to the States
More Diversity
. . . & the Liberal State
Organized Advocates
“government in this country . . . is
without power to prescribe . . . any
program of governmentally
sponsored religious activity. ”
-- ENGEL v. VITALE (1962)
Third Disestablishment
“the right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability.” – Employment Div. v Smith (1990)
Neutrality
While two recent Supreme Court cases on religious freedom appear sharply at odds, in one material respect they harmonize around an understanding that religion is fully protected only when exercised in private. -- Carl H. Esbeck, 11 First
Amendment L.R. 1 (1212)
Public Money
Bible
Prayer
Proselytizing
School Curriculum
Pledge of Allegiance
Zoning
Public Displays
Native American Rites
10 Commandments
“General Christianity . . . the cement of civil union, and
the essential support of legislation.”
-- Peoples v. Ruggles, 8 Johns. 290 (N.Y. 1811)
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