The religious establishment was standard in the American colonies. However, there was religious diversity due to which tolerating churches that were not established were practically required. Consequently, the practical necessity turned to a legal need by which Toleration Act was passed in 1689. The enactment of this act allowed others who did not support the Church of England to practice their faith in public. The king’s formation of a royal charter made himself the sovereign rule and caused the colonies to operate under it. Therefore formally, allegiance was owed by the colonists to the English state and the Church of England. However, practically, various models of church-state relations were practiced under the colonial charters. The southern colonies usually had one established church known as the Church of England. Whereas, different religion establishment was authorized in the northeastern colonies. In this region, the denomination of Protestants’ funds was determined by the local communities apart from the religion.
Further, there was a rejection of the religious establishment by Rhode Island. After that, a call for a “wall of separation” was made by Rhode Williams where “garden” of religion as distinguished from the worldly matters of “wilderness.”
An established church can strengthen government authority by providing certain legitimacy to the civil law and the officials. It can also provide shaping an ethical as well as law-abiding citizens. Promotion of the truth in teachings strengthens the established church by the state that includes suppressed alternative religious practices, assisting financially for the salary of ministry and the church’s buildings.
Religious Disestablishment and the United States Constitution
The Americans during the founding period regarded liberty of conscience widely as a fundamental right of an individual that the government should not intervene. However, the recognition of this liberty did not require separation of church and state. The individuals believed that when a religion is established in a state, one must tolerate the non-established religion. Enough guarantees concerning liberty of conscience can be provided by tolerating the non-established religion. The American Constitution included the establishment of religion due to the prevailing of the mentioned opinions. The rule of law was promoted by the design of the United States Constitution by separating the powers into three different branches. The charge of writing laws is with the directly elected bicameral legislature, which is known as Congress. Whereas Senate forms the upper house and the House of Representatives forms the lower house. The laws are generally enforced by the executive branch, headed by the president elected by members of the Electoral College. The judiciary is known as the third branch of the government, which can interpret the rules enacted by the legislature. Supreme Court is the highest court comprising of nine justices with lifetime appointments.
Religious Establishment and Separation of Church and State
The foreseeable risk of federal or state government establishing one religion and supporting it as the significant religion carries less risk. However, the government has numerous ways of supporting religious groups or practices directly or indirectly. Income from the churches is exempted from taxation. One of the means to determine if a circumstance represents the unconstitutional establishment of religion is finding out if a specific benefit is being given or withheld just because the individual or the group belongs to the particular religion. Sometimes, it isn’t easy in case law to penetrate the religious establishment because of its voluminous and complex procedure. However, the following are the three identified categories of the establishment clause:
One that deals with religion as well as education: In Abington School District v. Schempp, it was noted by the court that the public schools should teach about religion and be allowed to do so.
Display of religion in public: In the United States, the government found displaying religion on public property controversial and finds that doing so establishes the religion intentionally or unintentionally.
Religious messages sponsored by the government: The government communicates religious messages in several ways, directly or indirectly.
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