That godless court? : Supreme Court decisions on church-state relationships / Ronald B. Flowers.

Format:

Book

Author/Creator:

Flowers, Ronald B. (Ronald Bruce), 1935-2021

Language:

English

Subjects (All):

Church and state--United States.

Church and state.

United States.

Religion and state--United States.

Religion and state.

Freedom of religion--United States.

Freedom of religion.

United States. Supreme Court.

Physical Description:

xi, 228 pages ; 23 cm

Edition:

Second edition.

Place of Publication:

Louisville, Ky. : Westminster John Knox Press, [2005]

Summary:

The religion clauses of the First Amendment, which seem simple and clear, have been and continue to be controversial in their application. In the aftermath of recent Supreme Court decisions such as those regarding displays of the Ten Commandments on government property, church-state issues have never been more complex, controversial, and divisive than they are today. Issues such as religious freedom, government aid to church-related schools, and religion in public schools capture the attention of both the political right and left.

In this helpful and instructive book, updated to include discussions of the Supreme Court's decisions through the fall 2004 term, Ronald B. Flowers explains clearly and concisely the intricacies and implications of Supreme Court decisions in the volatile area of church-state relations. This is an ideal primer for those Americans who have listened to the debates about what the Supreme Court has and has not said about the relationship between church and state and where the boundaries between the two have been eroded. It is also ideal for use in the classroom and is a helpful tool for pastors, clarifying contemporary church-state issues that impact their churches and parishioners directly and indirectly.

Contents:

1 The Court and Its Procedures 1

Selecting Cases: The First Step 1

Deciding Cases and Clarifying the Law 4

2 Background of Constitutional Principles 9

The Seventeenth Century: A Variety of Church-State Relationships 10

The Eighteenth Century: The Process of Disestablishment 12

The Constitution 16

3 Defining the Scope of Religious Freedom Prior to 1963 21

Mormon Cases 21

Jehovah's Witnesses Cases 22

Theology: A Forbidden Area 28

4 The Uncertain Status of Religious Freedom: 1963-2004 31

The "Sherbert Test" 31

Clergy and Public Office 36

The Military and Prisons 37

Native American Cases 39

Solicitation in Public Places 41

Laws of General Applicability: Drug Use 42

Animal Sacrifice 44

Legislative Remedy to Smith 46

5 From Congregational Fights to Pacifism 51

Church Property 51

Workplace Issues 56

Conscientious Objection 58

6 Aid to Church-Related Schools 69

Government Aid to Parochial Schools 71

Excursus 1: The "Lemon Test" 74

Excursus 2: Standing 75

Permitted Government Aid 79

Prohibited Services 80

Tuition Tax Credit Plans 83

Government Aid to Church-Related Universities 88

Prohibited Services Revisited 93

The Grand Goal of Accommodationists: Vouchers 97

7 Religion in Public Schools 99

Released Time 100

Prayer and Teaching Religion 103

Teaching Evolution and Creation Science 113

Secular Humanism 116

Equal Access 120

The Pledge of Allegiance 125

8 Blue Laws, Bars, Taxes, and Plastic Reindeer: The Complexity of Establishment Clause Issues 129

Sunday Closing Laws 129

Legislative Chaplains 133

A Church as Government Agent 136

Unequal Government Treatment 138

Taxes 139

Religious Symbols on Public Property 151

9 Flash Points and the Future 155

The Rise of the Christian Right 155

The Free Exercise Clause 158

The Establishment Clause and Original Intent 164

Implications 178

Appendix A Memorial and Remonstrance against Religious Assessments 187

Appendix B An Act for Establishing Religious Freedom 193

Appendix C Chronological Table of Cases 195.

Notes:

Includes bibliographical references (pages 221-222) and index.

ISBN:

0664228917

OCLC:

57669818