seashale76
Unapologetic Iconodule
- Dec 29, 2004
- 14,047
- 4,455
- Country
- United States
- Gender
- Female
- Faith
- Melkite Catholic
- Marital Status
- Married
What I will say is that you are incorrect about Virginia, at the time the First Amendment was written Virginia had religious freedom -- and it is ironic that you used Virginia as your example. In fact, from reading the Federalist Papers and other writings from the framers of the Constitution, it was actually the Virginia Act for Establishing Religious Freedom written by Thomas Jefferson, that was the blueprint for religious freedoms in the First Amendment. This is one of the primary reasons other writings of Thomas Jefferson, such as the Danbury Baptist letter that gives us the phrase "separation of Church and State", are used as evidence of what the Founding Fathers intended.
I was quite correct about my statement regarding Virginia, as I specifically stated that it had a state church when it was a colony. I am well aware of Thomas Jefferson' Act (and I have even written about it on numerous occasions in discussions here at CF).
Regardless of what the Framer's intended, what we do know is how the US Supreme Court has interpreted the First Amendment through the years -- and the fact is that it is not (and hasn't ever really been interpreted) as only the laws Congress passes but rather that the government may not appear to encourage any religion. With later amendments that give citizens the same Constitutional protections from state and local government, this has grown to include any governmental official including school teachers.
Their intrepretation is so off base as to make the document itself pointless. They should make a new amendment and leave the very clear wording of the First Amendment alone.
Now, strictly speaking it appears that the appeals court would have agreed with you -- if the teacher was merely reading a Bible during silent reading time they would not have found a problem -- or so I see from reading the decision. Instead, because he also had a Christian poster in the room, along with Christian books (but not other religious books) in his classroom library, they found that he was promoting his religion. As such they determined that he was in violation of the First Amendment.
As for having the right to practice religion, you are correct that teachers and other government workers are free to practice their religion. What they are restricted from, like most other people in their jobs, is promoting (and openly practicing) their religion while working.
What I read also stated that he did have a variety of books for students as well. Regardless, I don't believe that he was in violation at all. Promoting one's religion is not the same as openly practicing. Promoting involves telling others they should convert and attempting to get them to believe the way you do. Openly practicing involves doing whatever one's religion requires at all times. And, what about government workers who, for various reasons, insist on saying their daily prayers at set times, wearing hijab, baptismal crosses, other forms of specific religious dress, eating or not eating certain foods, putting a small icon on their desk/workspace area- that is openly practicing a religion. As long as they do their jobs, I personally, don't care and don't see it as Congress establishing a religion. As long as I'm not taxed to support their various religions, philosophies, and new age whatever, then they can do as they like as far as I'm concerned.
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