Arkady
President
A couple questions for discussion:
(1) If it were your call, how would you set up the rule about government involvement in religion?
(2) Does your answer change at all depending on which religion we're talking about?
In my case, I'd have courts draw the line based on whether there is either an appearance or reality of government favoritism towards a certain religious organization or religious idea. As to appearance, could a reasonable person see something as favoritism or endorsement? For example, religious symbols on grave stones in a government cemetery would be fine, since a reasonable person would understand them to reflect the beliefs of the individual departed (or those who buried him), rather than the government. Since there would be lots of diversity of religious (and maybe even anti-religious) views, nobody could reasonably see it as expressing endorsement or favoritism. On the other hand, if the government put up a single monument on public ground --say to memorialize those servicemen who died in WWII-- and that monument expressed a theological principle or religious flavor (e.g,. inscribed with a prayer), that would be a problem, since a reasonable person could see it as government favoritism towards that theological principle.
I'd also want them to consider whether the involvement creates undue entanglements between church and state. If the government sets up access for religions to public property, for example, in a way that is procedurally neutral but requires a whole lot of interaction between government and church officials, that invites favoritism in practice if not in principle, and so I'd want courts striking down something that gets the two wound up together that way. However, on this one I'd favor courts erring on the side of leaving it up to legislators, and only stepping in if it was very clear the situation was inevitably going to result in favoritism.
As for that other question, this wouldn't change a bit, for me, based on which religion it was. I wouldn't, for example, disallow a singular monument that has a prayer referencing "Jesus" while allowing a singular monument with a prayer referencing "God." They're both theological concepts that exclude a portion of Americans, and the only difference is what portion is excluded, so I see no justification for allowing one and disallowing the other. And, on the flip side, if the context DOESN'T involve any favoritism or appearance of favoritism, I'd allow it, no matter what the content (e.g., if the family of some person buried in a government cemetery wants his tombstone to include a hymn to Satan, or a text saying all non-Muslims will burn in Hell, or any other religious notion that might offend many, that's fine).
One last bit of guidance I'd suggest, for others thinking about this: picture yourself on the other side of the divide. For example, before you say government should be allowed to privilege a certain religious display (e.g., having public school teachers lead their charges in a prayer), make sure you've considered the shoe being on the other foot (e.g., your local school system becomes majority-controlled by some religious group you consider offensive, so that the prayer in question is one that upsets your religious sensibilities and that you see as dangerous to your child's moral upbringing). We should only support rules that we'd want in place even if we were on the flip side of them.
(1) If it were your call, how would you set up the rule about government involvement in religion?
(2) Does your answer change at all depending on which religion we're talking about?
In my case, I'd have courts draw the line based on whether there is either an appearance or reality of government favoritism towards a certain religious organization or religious idea. As to appearance, could a reasonable person see something as favoritism or endorsement? For example, religious symbols on grave stones in a government cemetery would be fine, since a reasonable person would understand them to reflect the beliefs of the individual departed (or those who buried him), rather than the government. Since there would be lots of diversity of religious (and maybe even anti-religious) views, nobody could reasonably see it as expressing endorsement or favoritism. On the other hand, if the government put up a single monument on public ground --say to memorialize those servicemen who died in WWII-- and that monument expressed a theological principle or religious flavor (e.g,. inscribed with a prayer), that would be a problem, since a reasonable person could see it as government favoritism towards that theological principle.
I'd also want them to consider whether the involvement creates undue entanglements between church and state. If the government sets up access for religions to public property, for example, in a way that is procedurally neutral but requires a whole lot of interaction between government and church officials, that invites favoritism in practice if not in principle, and so I'd want courts striking down something that gets the two wound up together that way. However, on this one I'd favor courts erring on the side of leaving it up to legislators, and only stepping in if it was very clear the situation was inevitably going to result in favoritism.
As for that other question, this wouldn't change a bit, for me, based on which religion it was. I wouldn't, for example, disallow a singular monument that has a prayer referencing "Jesus" while allowing a singular monument with a prayer referencing "God." They're both theological concepts that exclude a portion of Americans, and the only difference is what portion is excluded, so I see no justification for allowing one and disallowing the other. And, on the flip side, if the context DOESN'T involve any favoritism or appearance of favoritism, I'd allow it, no matter what the content (e.g., if the family of some person buried in a government cemetery wants his tombstone to include a hymn to Satan, or a text saying all non-Muslims will burn in Hell, or any other religious notion that might offend many, that's fine).
One last bit of guidance I'd suggest, for others thinking about this: picture yourself on the other side of the divide. For example, before you say government should be allowed to privilege a certain religious display (e.g., having public school teachers lead their charges in a prayer), make sure you've considered the shoe being on the other foot (e.g., your local school system becomes majority-controlled by some religious group you consider offensive, so that the prayer in question is one that upsets your religious sensibilities and that you see as dangerous to your child's moral upbringing). We should only support rules that we'd want in place even if we were on the flip side of them.