UIUC PHIL 110 - Religion in America (6 pages)

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Religion in America

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Religion in America


Brief overview of Religious Toleration, 
Religious Liberty, 
Religious Neutrality

Lecture number:
Lecture Note
University of Illinois at Urbana, Champaign
Phil 110 - World Religions
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Lecture 24 Outline of Last Lecture I What is Shi a II Who is Ali III The Origin IV Ali and His Followers V Imamat VI Husain and Shi ism 680 CE VII Formative Period VIII Shi ism and Sunnism IX Shi ism Beliefs and Practices X Sufism XI The Path Doctrine and Practice XII Stations Attar s Illustration XIII Practices XIV Remembrance Dhikr XV Dhikr The Source Outline of Current Lecture XVI Let s Begin with a Question XVII YES XVIII NO XIX Huh PHIL 110 1st Edition XX XXI XXII XXIII XXIV XXV XXVI XXVII XXVIII XXIX XXX XXXI XXXII XXXIII XXXIV XXXV XXXVI XXXVII XXXVIII Religious Toleration Emergence of Religious Toleration in Europe Peace of Westphalia Maryland Toleration Act Religious Liberty The First Freedom Historical Background Roger Williams Williams and Religious Liberty Thomas Jefferson Ambiguous Does Liberty Create a Secular State Question Religious Neutrality Everson v Board of Education of Ewing Township 1947 Everson decision Everson and the Wall of Separation Cheerleaders and the Wall of Separation Another Question Neutral Laws Neutral Laws cannot Hinder Religious Communities XXXIX Santeria and Sacrifice XL Islamic Cnter of Murfreesboro TN XLI Fight Goes On XLII Liberty and Neutrality Two Possible Views Current Lecture XLIII Let s Begin with a Question a Is it legal for a public agency to post 10 commandments on a public site b What considerations shape your response c The Surpreme court says XLIV YES a Van Orden v Perry 2005 i divided 5 4 Supreme Court upholds placement of a monument inscribed with the 10 commandments on the grounds of the state capitol Austin 1 plurality opinion Rehnquist holds that it is legitimate to recognize our religious heritage XLV NO a McCreary County v American Civil Liberties Union of Kentucky 2005 i Issued same day as Van Orden v Perry divided 5 4 ii Supreme court struck down 10 commandment displays at two county courthouses in Kentucky 1 majority holds that the displays predominantly religious purpose rather than a secular aim 2 violation of religious neutrality XLVI Huh a American society and legal tradition of two minds about relationship between religion and social political institutions b What we say i official position neutrality of state toward church ii OTOH this position has been strenously contested in recent years c What we do i express conviction that religious faith is important to identity and heritage of American society d Two problems i how do we make a coherent view of these two positions ii what is our model of religion XLVII Religious Toleration a accomodation granted by a state or ruler to religious minorities to practice their own religious tradition b Key Characteristics i presumes that the minority is deviant from the norm Toleration is favor granted by the majority 1 harmony of the state often seen to depend on religious uunitty ii state grants toleration and therefore able to withdraw it iii state sets the term by which the minority can publicly observe its tradition 1 continued toleration dependent upon the minority s abiding by these terms Emergence of Religious Toleration in Europe a wars fought on religious grounds common in middle ages and Reformation period in Eurpoe b Thirty Years War 1618 1648 i series of conflicts initialy fought between Catholic and Protestant regions of the Holy Roman Empire in Central Europe ii Widened by interventions of outside powers on behalf of their co religionists XLIX Peace of Westphalia a Treaty of Westphalia 1648 brings end to Thirty Years War b Cuiuus Regio Eius Religio i prince defines the established religion of a state ii removes religion as a cause for war between states iii doesn t require prince to accept deviation from established religion Permits prince to define the scope of religious tolerance L Maryland Toleration Act a No person s whatsoever within this province professing to believe in Jesus Christ shall henceforth be in any way troubled molested or discountenanced for or in respect of his her religion in the free exercise thereof within this province i toleration restricted to Christians Doesn t extend for example to indigenous inhabitants of the colonly unless they convert to Christianity ii Extends only to profession and belief Such acts as profanation of Sabbath and swearing still viewed as civil actions tht government can regulate LI Religious Liberty a Freedom vested in individuals and communities to practice their own religious traditions with a minimum of constraints b Key Characteristics i freedom inheres as a right for the individual Can t be taken away by the state without cause ii views religion as a voluntary association matter of private belief and therefore part of an individual s conscience cannot be coercd iii religious pluarlity presumed to be healthy for a democracy Not a deviation from the norm 1 coherence of state doesn t depend on religious unity LII The First Freedom a First Amendment to the Constitution 1791 i congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof b Two Clauses i establishment clause make no law respecting an establishment of religion ii free exercise clause prohibiting the free exercise thereof c These separate clauses have raised different issues in constitutional law LIII Historical Background Roger Williams a Foundation of Rhode Island Colony 1636 b Exiled from Massachusetts Bay Colony c Colony Charter 1663 XLVIII no person within said colony shall be any wise molested punished disquieted or called in question for any differences of opinion in matters of religion a most flourishing civil state may stand and best be maintained with full liberty in religiouus concernments d Rhode Island becomes a haven for religious dissenters LIV Williams and Religious Liberty a Negative basis for religious liberty i necessary to preserve the purity of the church entanglement of church with civil affairs corrupts the church ii nevertheless sees relgious diversity as a contributing factor to productive civil life b extends liberty beyond Christians Providence becomes a significant colonial center for Jewish communities LV Thomas Jefferson a Virginia Bill for Religious Freed 1777 i almighty God hath created the mind free that all attempts to influence by temporal punishments or burthens or by civil incapacitations tend only to beget habits of hypocrisy and meanness and are a departure from the plan of the Holy author of our religion who being Lord of both of body and mind yet chose not to

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