U.S. Government: Seperation of Church and State - Essay Example

The relationship between church and are properly separated by the justice system and Constitution. The American Founding Fathers wanted to create a society with religious freedom. Unlike England, where many fled from religious persecution, the United States of America would be a place all religions could be practiced freely. In order to accomplish this freedom, the separation between state and religion was introduced. If there would be no separation between church and state, when a president would be elected, their religion might have to be followed.

As it stands now, the relationship between church and state are separated fairly. The US government allows for federal courts to interpret the Constitution. “The U.S. Supreme Court has ruled that religious displays on government property are not inherently unConstitutional and must be considered on a case-by-case basis” (CBS News). Individuals in the past have sued over the breach of these rights. Two examples that stand out are Madeline Murray OHare and U.S. District Judge in Alabama.

In Murray v. Curlett (1963) the Supreme Court removed Biblical readings from public schools (Jeynes 337). Another decision was made when U.S. District Court displayed the Ten Commandments outside an Alabama courthouse. These cases are only a few out of a multitude of cases disputing state and religious separation. Madeline Murray OHare did not believe in God. She was an Atheist. Murray O’Hare did not like the Biblical passages recited after the Pledge of Allegiance. She felt that this infringed on her right to be an Atheist and raise her children as Atheists.

In her lawsuit, all Biblical readings were removed from the public school systems. She later went on to found the American Atheist Association. Many individuals have misconceptions about this case. Murray O’Hare did not remove prayer from the public school systems. That case was a year prior to Murray O’Hare’s case. Engel v. Vitale (1962) was when the no prayer in school passed into law (Jeynes 337). Finally, Murray O’Hare’s son, Bill, which was the focus of Murray v. Curlett (1963) became an evangelist Christian.

This is his right under American law. The other famous case mentioned above is the monument placed outside the Haskell County Courthouse. The monument was of the Ten Commandments. One judge order the monument be removed, but finally:U.S. District Judge Ronald A. White in Muskogee ruled that Haskell County did not violate the Constitution by erecting the monument. The county did not "overstep the Constitutional line demarcating government neutrality toward religion," he wrote. (CBS News)The Supreme Court has ruled that religious decorations or symbols can be used in the court system.

Money is printed with “In God We Trust” and individuals are sworn in on the Bible. Judge White’s ruling is explained below: The county argued that the monument outside the Stigler courthouse was part of a historical display that included other monuments recognizing war veterans, the Choctaw Tribe and others. The Ten Commandments monument has the Mayflower Compact etched on the other side. (CBS News) If the Courthouse is promoting history, not religion, then the religious symbols, monument, or object can stay.

However, like mentioned above, the courts decided this on case by case basis. American Democracy has a check and balance system. This is one area where the judicial system checks the Constitution. Minority religions, such as the Atheist, have recourse to have their religions recognized and not have other religions forced upon them. The United States of America has the right balance of separation between church and state. Works CitedCBS News. “Courts Ten Commandments Statue Stays Federal Judge Rules Haskell County Did Not Violate Constitution.

” 19 Aug. 2006. CBS News. Accessed 11 Dec. 2008 from http://www.cbsnews.com/stories/2006/08/19/national/main1913823.shtml Jeynes, William H. American Educational History: School, Society, and the Common Good. New York: Sage Publication, 2007.