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. Lane
FSLane3@gmail.com

University of Science and Technology of China
Hefei, China
14 June 2012
www.FrederickLane.com www.CybertrapsfortheYoung.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 Election

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 Jersey

The 1 st 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.

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”


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 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
Nation

2012: An Important Election


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

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