Showing posts with label establishment clause. Show all posts
Showing posts with label establishment clause. Show all posts

Saturday, October 15, 2011

WDAD: What Do Atheists Do About Church/State Separation?




Atheists are commonly, but not solely, at the forefront of issues of church/state separation and the legality of school sponsored prayer or endorsement of a particular religion. But, many religious people object; why do atheists care so much about the presence of something they don’t believe in? Shouldn’t they just let the religious believe as they will and allow the presence of what they claim is a civil religion shared by America? First off, just because someone doesn’t believe in something doesn’t mean they can’t have an interest in its public existence. Religious studies does not preclude being a nonbeliever in all religious creeds and, one might argue, actually aids one in being more reasonable towards whether they hold so called “absolute” truth in them. But the second issue lies with this sanctimonious idea that religious people of a majority faith can have some established tradition of a school prayer, such as in Cranston, Rhode Island, without consideration of any other groups, believers or otherwise. Not to mention civil religion is another issue entirely of something becoming secularized by long historical exposure, which I’d strongly disagree with and might confront another time. Even Jesus himself says that praying in public and making a big show of your piety is hypocritical and doesn’t show proper reverence to a God you come to as an individual, in privacy. No one’s saying that religious people can’t pray to themselves or read a bible in extracurricular activities or the like and anyone thinking that religion has to be completely removed from public life reflects the insecurity many religious people think atheists have, but usually don’t. As long as public religious behavior is not obnoxious and obstructing the basic freedom from religion that complements freedom of practice in the first amendment it is permissible. Religious people have no reason to be opposed to atheists’ activism of separating church and state, not only because by any stretch of theology church should be separate from state by their natures, but because by establishing religious neutrality of the government, all religions can flourish better in not being favored or disfavored by civil authorities.

A common claim is that by separating church and state, atheists want to put themselves in power. First off, that wouldn’t follow because we’d still remain a representative republic, where officials are voted in by majority, which means that atheism would have to become popular in the people’s minds. By no means is church/state separation trying to keep religious people out of government, as long as they maintain their beliefs privately and don’t try to foist them on the populace that doesn’t necessarily agree, nor should it be their business to legislate such things in the first place. Atheism is not favored by church and state separation anyway, primarily because atheism is neither a political ideology or a religion, so in a sense, atheism is simply given fair treatment only in that it has a position about religion that would be problematic in a system where theism in any form is favored. A blank wall, contrary to what many advocates of the prayer banner in Cranston West, does not advocate atheism anymore than a bald man’s head suggests he’s favoring anti-hair rights. When religion is privatized, religious people may still evangelize, but only within their own power, and not under the protection of the state in any sense. Christian prayers, along with any other divisive type of devotion, will not be allowed by the very principle that school is a place for secular education first and foremost. A moment of silence will suffice, and anyone thinking otherwise neglects the point I’ve visited already in this article on praying in public. If your God only hears you when you pray out loud in a group, then it’s a pretty pitiable deity for promoting conformity over individuals in their own walks.

People might question why atheists advocate something that isn’t explicitly stated in the Constitution. While the phrase “separation of church and state” isn’t in the constitution, neither is “minority protection”, “separation of powers” or other things we take for granted as implied, but not outright stated, by the principles set forth in the constitution. When it says “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof” we have two spheres of consideration. The first is the government’s relation to religion. This isn’t just a matter of the government not establishing a state religion, as many would say, but not favoring any religion at all. The government is inevitably full of religious people, yes, but the government itself is not founded on any explicitly religious ideas, contrary to popular myths. Laws against murder, theft and the like are not derived from the Ten Commandments, thankfully. This relates well to the second clause of free exercise, since if the Ten Commandments were applied as laws across the board, it would be illegal for non theistic religions to even be practiced, such as Buddhism or Jainism, which would directly contradict the free exercise clause that so many Christians throw around. So that whole line of argument is defeated on the grounds that you wouldn’t want other religions to not be practiced, since that would contradict the equality of that clause for all citizens, not just Christians. Yes, you have a freedom to practice your religion, but you have no reason to ask the government to stroke your proverbial ego. You have a demographic majority in this country; that should suffice. And whatever your practice of religion may be, it necessarily stops at government legislation and involvement in any form, for the same reason that the government doesn’t go to your churches and tell you what to preach. As much as many states still have discriminatory religious tests, which goes against article six of the constitution, the argument that the first amendment only applies to the federal government is directly contradicted by this “no religious test” article which applies to employees of the government at all levels implicitly.

People think atheists are being anti Christian in their advocacy of church and state separation, but this is incidental. If there were Muslims or Jews trying to enforce unconstitutional school prayers of their religion or use government money to aid their particular groups, then the ACLU and FFRF would be up in arms as well, though it’d be unlikely. It’s primarily Christians that have a complex about their established traditions being removed because people actually know the law and how it applies to the relation between religion and government as a whole. And when people’s religious freedoms are infringed upon, I also have a problem with that, such as the building of a mosque and community center in my home state being stopped on groundless claims by primarily Christian people. Many Christians don’t understand where their religious freedoms stop, thinking that any restriction on their religious practice in public is discriminatory, mostly because they buy into a myth that the founding fathers actually wanted religion to be the basis of government, which is patently false. Similar limitations apply to freedom of speech as freedom of religious practice; you cannot abuse what is partly a privilege along with being a right. You have all the freedom in the world to practice Christianity of various flavors, along with any other faith across the globe. But that stops when you are in primarily secular contexts and should be privatized, not completely suppressed as alarmists might hastily conclude. There is much more freedom in the vast sphere of public religious practice than the tiny amount of freedom you surrender in terms of being supported or endorsed by any government extension. Why people don’t see this is best attributed to the false sense of entitlement they get by being in the privileged majority. If you were in a position where you felt like you couldn’t even talk about your beliefs or disbelief in some alternate American religious culture, perhaps you might understand why atheists and Christians alike can agree that religion shouldn’t be endorsed in any sense by the government. When the government is neutral to religion, the behavior of religions can flourish in a public and private setting without feelings of trying to invade every aspect of life as some would have it in schools and government.

I admittedly already spoke about this in part in “WDAD About Religious Norms Part 2” but this extended take on questions theists and Christians would probably ask of me and other nonbelievers is important for many reasons I could linger on. Bottom line; no religious freedoms are being taken away by removing explicit religious displays and behavior from a particular area of life, such as with the case involving Jessica Ahlquist in Rhode Island. Certain Christian denominations were persecuted by other sects in America’s early past for not being Christian enough or not believing the right things. That’s why the founding fathers saw fit to keep it out of government, on the federal and state level, entirely. Perhaps we’ll always vote Christians in, but those Christians can divide their loyalty to their country and to God in separate but overlapping spheres. Pray in private, but not as a representative for people of faith and no faith alike. That way, your devotion is that much more sincere because you don’t feel any need to justify it to others. If the primary nature of religion is a communion between human individuals and the sacred, then you shouldn’t care whether the government gives you any spotlight about your fellowship with God. Keep church and state within their respective boundaries and they’ll both function that much better. You can vote your conscience as a Christian, but don’t vote as if Christianity has any special place in the government’s eyes, because even if it does, it shouldn’t. It’s not looking to please any humans, is it? Pleasing your God suffices. Until next time, Namaste and aloha.

Tuesday, May 11, 2010

Mojave's Desert and the Military's Congress





http://news.yahoo.com/s/ap/20100511/ap_on_re_us/us_mojave_cross

I had found an editorial in a Chattanooga newspaper on this issue a while ago and made a mental note of it. But when I found an article through Yahoo News on this, I had to comment further on the issue in writing. The cross has been in the Mojave Desert for over 80 years and has been maintained through the Veterans of Foreign Wars (better known as the VFW) in some form or fashion since 1934. However, it also appears it has been funded by volunteer groups now, though their connection to the government is evident, since it was through government action that the plot of land has been shifted to a privately owned sector instead of what was originally public land. The issue comes from a case ten years ago from a former national park employee, arguing that the cross’ presence was unconstitutional on the grounds that it stood as an explicit federal support for the Christian religion.

The point of the 7-foot memorial was for soldiers who had died in the war and I can respect that, as little interest as I hold in their affairs or the general use of military force. It is good to have some form of memorial for those who have died in service to the country they held allegiance to, but the use of the symbol seems objectionable on a number of grounds, the first being that it was initially funded by a government organization, the VFW. This objection falls flat since it has been maintained by volunteers through private funds not related to taxpayer money. The second objection is stronger since the government, even if it is not directly supporting the existence of the memorial, is using their power to preserve its existence. The relation of the cross to what is a federally maintained group, the military, is undeniable. Even if the cross has been recently situated legally in a now private patch of land, the government’s involvement cannot be ignored. Their legal action was what allowed the cross to persist as a memorial for fallen soldiers. Vicariously, through VFW volunteers, Congress is still violating the establishment clause in respecting an established religion.

Similar to the National Day of Prayer incident, the issue hinges on how people interpret language and in this case, symbols. The argument for keeping the cross suggested that it did not stand just for Christianity, but for the graves of all the soldiers. The difficulty there is that it assumes that every soldier who died would have wanted a Christian cross on their graves. The rhetoric also tries to suggest the cross is a universal symbol of sacrifice, which is equally untrue. As one dissenting justice noted, the cross “is the symbol of one particular sacrifice, and that sacrifice carries deeply significant meaning for those who adhere to the Christian faith." To try to extend the meaning of a religious symbol into a secular idea is difficult not only because of the rooted understanding of the symbol, but that many believers would no doubt strongly object to the compromise of their highly sacred mark on grounds of protecting it. The existence of religious symbols in public life is not what the case is about. I see memorial crosses for children on the roads in Tennessee and I don’t object to them, especially since they are commonly privately funded. It’s when the government initially supports the existence of the memorial cross for 80 years on public land and then makes a land exchange to keep the cross protected that I have a problem. The motive was a combination of protecting the cross as a memorial that was religiously neutral in some sense, but also attempting to maintain its position as a historical monument. Both of these cases fail on the same grounds. The court is on the one hand purposely ignoring or skewing the intent and message of the Christian symbol to make it accessible to people who don’t feel the same about the cross and on the other is trying to extend the definition of a monument to what is a use of a particularly Christian religious symbol to commemorate the deaths of soldiers, many of which are Christian, but not all.

The dissenting position is quite similar to my own; the need for a memorial for the soldiers who have died is evident today with casualties still occurring in the Middle East. But for the government or even private groups to think that the way to show respect and honor the fallen is through a particular religious symbol is not only mistaken in looking at the religious diversity of the army, but also forgets that the establishment clause is larger in scope than just founding a “state religion”. When it says “Congress shall make no law respecting an establishment of religion” it seems clear that it is saying that no religion should be given special treatment through government legislation or action. And in this case, the cross is favoring the Christian symbol of sacrifice as the best way to commemorate the deaths of soldiers from many faiths. In this way, the unconstitutional nature of the cross’ presence is quite evident. To maintain that a status quo of Christian believers who support the troops or that some personal emotional investment in the cross should be the standard for why you keep such a symbol as the way to remember the valor of the armed forces is not only logically unsound but degrading.

No one symbol can communicate the respect and anguish a person feels for one who has died in service. As popular and meaningful as it is to people who believe in Jesus Christ, I don’t feel it’s either appropriate or fair to use it as the way to show respect to those who protect the freedom to practice one’s faith without interference or special merit from the government. If you want to make a private memorial for Christian soldiers who have died in the line of duty, that’s your prerogative and you can do it through legal methods and with your own funds. But to suggest that you make what was a government established National Reserve alter the status of one patch of land in order to maintain the existence of a cross that could be moved to a privately owned area is not only showing blatant favoritism towards the demographic majority of Christians in this country, but compromising the government’s supposed neutrality towards religion because you bend to the will of the people whenever it suits the majority. I’m not suggesting the cross be torn down, so don’t misunderstand. The protection of religious exercise is just as important as the need for the government to be as neutral as possible on religious establishments. So why try to protect religious exercise on the one hand while contradicting yourself on the supposed need for neutrality on those religious exercises? I’m just asking for the government to be consistent. Until next time, Namaste and Aloha.