(Post 4 of 5)
(Originally published in TheScoop2017, March 2017)
This is the fourth in a series of posts on religious freedom and the separation of church and state debate. The first gave a history of religious freedom and explained the debate. The second focused on the two opposing positions taken. A third described the ideology behind those who promote a strict separation argument. Here, we’ll define the central issue from which the debate stems, religion.
Defining Religion
ChristianAnswers.net explains two ways to define religion. One is the “substantive approach” that focuses on what a person believes. Under this definition are traditional theistic beliefs such as Christian, Jewish, Muslim, Hinduism, etc. The other way is the “functional approach” that describes religion as “a set of beliefs, actions and emotions, both personal and corporate, organized around the concept of an Ultimate Reality …understood as a unity or plurality, personal or non-personal, divine or not, and so forth, differing from religion to religion,” (qtd. from Noebel, et. al.).
Court Cases Using the Functional Approach
ChristianAnswers.net says that in several recent court cases, the courts have been using the functional approach to define religion. One case, United States v. Kauten gave a conscientious objector status based on a person’s “religious conscience,” instead of a belief in God, saying “Conscientious objection may justly be regarded as a response of the individual to an inward mentor, call it conscience or God, that is for many persons at the present time the equivalent of what has always been thought a religious impulse.” Another case, Fellowship of Humanity v. County of Alameda involved a group who used property for “religious worship,” though it was not worshiping a supernatural deity. They were granted religious exemption from paying property taxes. One last example was the case Torcaso v. Watkins in which “theistic religion could not be favored over non-theistic religions.” Those ‘religions,’ the court cited, “that do not teach an existence of God, are Buddhism, Taoism, Ethical Culture, Secular Humanism, and others.”
Though these cases seem to define religion to include Secular Humanism, few have been satisfied by the Court’s attempt to define religion, (Frequently Asked Questions – Religion). By using the functional approach to define religion, a wider net would be cast over all ideologies, including non-theistic beliefs. Then it would be clear the AU is right, though in a converse way – today, our government is promoting the non-theistic belief system of Humanism over that of a theistic belief system.
Next, post five – Cultural change and implication
Previous posts in this series
Post 1: Religious Freedom: Brief history of church state debate
Post 2: Religious Freedom: pro and con positions of church state debate
Post 3: Religious Freedom: the voice behind strict separation
Works Cited
The Boisi Center Papers On Religion in the United States, Separation of Church and State. Publication. Boston College, n.d. Web. 17 Oct. 2013. <http://www.bc.edu/>.
Easterbrook, Chief Judge. “Badger Catholic v. Walsh, 7th Circuit Opinion.” Alliance Defending Freedom Media. Alliance Defending Freedom, 01 Sept. 2010. Web. 17 Oct. 2013. <http://www.adfmedia.org/>.
Edwords, Fred. “What Is Humanism.” Americanhumanist.org. American Humanist Association, 2008. Web. 17 Oct. 2013. <http://americanhumanist.org/>.
Epps, Garrett. “Constitutional Myth #4: The Constitution Doesn’t Separate Church and State.” The Atlantic. The Atlantic Monthly Group, n.d. Web. 17 Oct. 2013. <http://www.theatlantic.com/>.
Flax, Bill. “The True Meaning of Separation of Church and State.” Editorial. Forbes. Forbes Magazine, 09 July 2011. Web. 17 Oct. 2013. <http://www.forbes.com/>.
“Frequently Asked Questions — Religion: The First Amendment Says Nothing about ‘separation of Church and State’ …Is It Really Part of the Law?” First Amendment Center. Vanderbilt University and the Newseum, n.d. Web. 17 Oct. 2013. <http://www.firstamendmentcenter.org/>.
“Frequently Asked Questions — Religion: Has the Supreme Court Defined ‘Religion’?” First Amendment Center. Vanderbilt University and the Newseum, n.d. Web. 17 Oct. 2013. <http://www.firstamendmentcenter.org/>.
“Student Story, Ruth Malhotra and Orit Sklar, Georgia Tech’s Speech Code Declared Unconstitutional.” Speak Up :. Alliance Defending Freedom, n.d. Web. 17 Oct. 2013. <http://www.speakupmovement.org/StudentStories/Details/23219>.
Noebel, David A., J.F. Baldwin, and Kevin Bywater. “Is the Religion of Secular Humanism Being Taught in Public School Classrooms?” Christiananswers.net. Christian Answers Network, 1999. Web. 17 Oct. 2013. <http://christiananswers.net/>. Adapted from Clergy in the Classroom: The Religion of Secular Humanism, Summit Ministries
” Our Mission, Our History, Our Victories, and Why We Care pages.” Americans United. Americans United for Separation of Church and State, n.d. Web. 17 Oct. 2013. <http://www.au.org/>.