The history of the Religion Clauses of the First Amendment has been chronicled by this Court in detail. See, e. g., Everson v. Board of Education, 330 U. S. 1, 8-14 (1947); Engel v. Vitale, 370 U. S. 421, 425-430 (1962); McGowan v. Maryland, supra, at 437-442. Therefore, only a brief review at this point may be appropriate. The early settlers came to this country from Europe to escape religious persecution that took the form of forced support of state-established churches. The new Americans thus reacted strongly when they perceived the same type of religious intolerance emerging in this country. The reaction in Virginia, the home of many of the Founding Fathers, is instructive. George Masons draft of the Virginia Declaration of Rights was adopted by the House of Burgesses in 1776. Because of James Madisons influence, the Declaration of Rights embodied the guarantee of free exercise of religion, as opposed to toleration. Eight years later, a provision prohibiting the establishment of religion became a part of Virginia law when James Madisons Memorial and Remonstrance against Religious 606*606 Assessments, written in response to a proposal that all Virginia citizens be taxed to support the teaching of the Christian religion, spurred the legislature to consider and adopt Thomas Jeffersons Bill for Establishing Religious Freedom. See Committee for Public Education & Religious Liberty v. Nyquist, 413 U. S., at 770, n. 28. Both the guarantees of free exercise and against the establishment of religion were then incorporated into the Federal Bill of Rights by its drafter, James Madison. While the meaning and scope of the First Amendment must be read in light of its history and the evils it was designed forever to suppress, Everson v. Board of Education, supra, at 14-15, this Court has also recognized that this Nations history has not been one of entirely sanitized separation between Church and State. Committee for Public Education & Religious Liberty v. Nyquist, supra, at 760. The fact that the Founding Fathers believed devotedly that there was a God and that the unalienable rights of man were rooted in Him is clearly evidenced in their writings, from the Mayflower Compact to the Constitution itself. Abington School District v. Schempp, 374 U. S. 203, 213 (1963).[5] The Court properly has noted an unbroken history of official acknowledgment . . . of the role of religion in American life. Lynch v. Donnelly, 465 U. S., at 674, and has recognized that these references to our religious heritage are constitutionally acceptable. Id., at 677. As a matter of history, schoolchildren can and should properly be informed of all aspects of this Nations religious heritage. I would see no constitutional problem if schoolchildren were taught the nature of the Founding Fathers religious beliefs and how these beliefs affected the attitudes 607*607 of the times and the structure of our government.[6] Courses in comparative religion of course are customary and constitutionally appropriate.[7] In fact, since religion permeates our history, a familiarity with the nature of religious beliefs is necessary to understand many historical as well as contemporary events.[8] In addition, it is worth noting that the Establishment 608*608 Clause does not prohibit per se the educational use of religious documents in public school education. Although this Court has recognized that the Bible is an instrument of religion, Abington School District v. Schempp, supra, at 224, it also has made clear that the Bible may constitutionally be used in an appropriate study of history, civilization, ethics, comparative religion, or the like. Stone v. Graham, 449 U. S., at 42 (citing Abington School District v. Schempp, supra, at 225). The book is, in fact, the worlds all-time best seller[9] with undoubted literary and historic value apart from its religious content. The Establishment Clause is properly understood to prohibit the use of the Bible and other religious documents in public school education only when the purpose of the use is to advance a particular religious belief. scholar.google/scholar_case?case=3232659778662846156&q=creation+in+school&hl=en&as_sdt=6,26
Posted on: Sun, 16 Mar 2014 14:35:57 +0000
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