The Court and the Cross: Understanding the Separation of Church and State in the United States

The Court and the Cross:

Understanding the Separation of Church and State in the United States

Frederick S. [email protected]

University of Science and Technology of ChinaHefei, China14 June 2012

www.CybertrapsfortheYoung.com

www.FrederickLane.com

Background• Attorney,

Educational Consultant & Lecturer

• Author of 7 Books• Computer Forensics

Expert• 10 Years --

Burlington (VT) School Board

• Technology & Privacy Specialist

• Student Safety Advocate



Previous Books



The Court and the Cross (2007)



Outline• Colonial Religious Freedom• The Bill of Rights• The Great Awakening & the Civil

War• Evolution & “In God We Trust”• The Warren Court• The Rise of the Religious Right• The 2012 Presidential Electionwww.FrederickLane.c

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The Search for Religious Freedom



Official Religions of the Colonies

• Congregationalist– New Hampshire (1790), Connecticut

(1818), Massachusetts (1833)

• Church of England/Episcopalian– Maryland (1776), North Carolina (1776),

Florida (1783), Virginia (1786), Georgia (1789), South Carolina (1790)

• No Established Church– Rhode Island, Pennsylvania, Delaware,

and New Jerseywww.FrederickLane.c


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The 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.www.FrederickLane.c


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Jefferson’s “Wall of Separation”



• 1802 Letter to Danbury Baptists• Writes that the 1st Amendment created “a wall of separation between church and State.”

The Second Great Awakening

• 1790 to 1870, but primarily 1820-1840

• Tremendous Influence on Social Policy– Temperance Movement– Suffragist Movement– Abolitionist Movement

• Significant Role in Events Leading to Civil War



The 14th Amendment

All persons born or naturalized in the United States, and subject to the

jurisdiction thereof, are citizens of the United States and of the State wherein

they reside. No State shall make or enforce any law which shall abridge

the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due

process of law; nor deny to any person within its jurisdiction the equal

protection of the laws.



The Scopes Monkey Trial



“In God We Trust”



“In God We Trust”



Religion and the Supreme Court

• 1962 – Engel v. Vitale – School-sponsored prayer is unconstitutional

• 1963 – Abington School District v. Schempp – Bible reading in public schools unconstitutional

• 1968 – Epperson v. Arkansas – Legislature cannot bar teaching of evolution

• 1992 – Lee v. Weisman – School-sponsored graduation prayer is unconstitutional

• 1999 – Cole v. Cleveland Bd. Of Education – School Board cannot open meeting with prayer

• 2000 – Santa Fe Independent Sch. Dist. v. Doe – Student-led prayer at sporting event was unconstitutional



The Rise of the Religious Right



The Rise of the Religious Right



The Goals of the Religious Right

• Reshape the Federal Court System and in Particular, the Supreme Court

• Reversal of Roe v. Wade• Ban on Gay Marriage• School Prayer Amendment• Creationism / Intelligent Design• Ten Commandments in Public Spaces• Declaration of America as a

“Christan Nationwww.FrederickLane.c


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2012: An Important Election



The Court and the Cross:

Understanding the Separation of Church and State in the United States

Frederick S. [email protected]

University of Science and Technology of ChinaHefei, China14 June 2012

