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UIUC PHIL 110 - Religion in America

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Lecture 24Outline of Last Lecture I. What is Shi’a?II. Who is Ali?III. The OriginIV. Ali and His FollowersV. ImamatVI. Husain and Shi’ism 680 CEVII. Formative PeriodVIII. Shi’ism and SunnismIX. Shi’ism: Beliefs and PracticesX. SufismXI. The Path: Doctrine and PracticeXII. Stations: Attar’s IllustrationXIII. PracticesXIV. Remembrance: DhikrXV.Dhikr: The SourceOutline of Current Lecture XVI. Let’s Begin with a QuestionXVII. YES!XVIII. NO!XIX. Huh?PHIL 1101st EditionXX. Religious TolerationXXI. Emergence of Religious Toleration in EuropeXXII. Peace of WestphaliaXXIII. Maryland Toleration ActXXIV. Religious LibertyXXV. The First FreedomXXVI. Historical Background: Roger WilliamsXXVII. Williams and Religious LibertyXXVIII. Thomas JeffersonXXIX. Ambiguous: Does “Liberty” Create a “Secular” StateXXX. QuestionXXXI. Religious NeutralityXXXII. Everson v. Board of Education of Ewing Township (1947)XXXIII. Everson decisionXXXIV. Everson and the “Wall of Separation”XXXV. Cheerleaders and the Wall of SeparationXXXVI. Another QuestionXXXVII. “Neutral” LawsXXXVIII. Neutral Laws cannot Hinder Religious CommunitiesXXXIX. Santeria and SacrificeXL.Islamic Cnter of Murfreesboro, TNXLI. Fight Goes OnXLII. Liberty and Neutrality: Two Possible ViewsCurrent Lecture XLIII. Let’s Begin with a Questiona. 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 in-scribed with the 10 commandments on the grounds of the state capitol Austin1. plurality opinion (Rehnquist) holds that it is legitimate to “rec-ognize 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 5-4ii. Supreme court struck down 10 commandment displays at two county courthouses in Kentucky1. majority holds that the displays “predominantly religious pur-pose” rather than a secular aim2. violation of religious “neutrality”XLVI. Huh?a. American society and legal tradition of two minds about relationship between religion and social/political institutionsb. What we say:i. official position “neutrality” of state toward churchii. OTOH: this position has been strenously contested in recent yearsc. What we do:i. express conviction that religious faith is important to identity and her-itage of American societyd. Two problems:i. how do we make a coherent view of these two positions?ii. what is our model of “religion?”XLVII. Religious Tolerationa. accomodation granted by a state or ruler to religious minorities to practice their own religious traditionb. Key Characteristics:i. presumes that the minority is “deviant” from the norm. Toleration is “favor” granted by the majority1. harmony of the state often seen to depend on religious uunittyii. state grants toleration, and therefore able to withdraw itiii. state sets the term by which the minority can publicly observe its tradi-tion1. continued toleration dependent upon the minority’s abiding by these termsXLVIII. Emergence of Religious Toleration in Europea. wars fought on religious grounds common in middle ages and Reformation period in Eurpoeb. Thirty-Years War: 1618-1648i. series of conflicts initialy fought between Catholic and Protestant re-gions of the Holy Roman Empire in Central Europeii. Widened by interventions of outside powers on behalf of their co-reli-gionistsXLIX. Peace of Westphaliaa. Treaty of Westphalia (1648) brings end to Thirty-Years Warb. “Cuiuus Regio, Eius Religio”i. prince defines the established religion of a stateii. removes religion as a cause for war between statesiii. doesn’t require prince to accept deviation from established religion. Permits prince to define the scope of religious toleranceL. Maryland Toleration Acta. 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 provincei. toleration restricted to Christians. Doesn’t extend, for example, to in-digenous 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 regulateLI. Religious Libertya. Freedom vested in individuals and communities to practice their own religioustraditions with a minimum of constraintsb. Key Characteristics:i. freedom inheres as a right for the individual. Can’t be taken away by the state without causeii. 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 “de-viation” from the norm.1. coherence of state doesn’t depend on religious unityLII. The First Freedoma. 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 religionii. free exercise clause: prohibiting the free exercise thereofc. These separate clauses have raised different issues in constitutional lawLIII. Historical Background: Roger Williamsa. Foundation of Rhode Island Colony (1636)b. Exiled from Massachusetts Bay Colonyc. Colony Charter 1663:i. no person within said colony.. shall be any wise molested, punished, disquieted, or called in question for any differences of opinion in mat-ters of religion.. a most flourishing civil state may stand and best be maintained with full liberty in religiouus concernmentsd. Rhode Island becomes a haven for religious dissentersLIV. Williams and Religious Libertya. Negative basis for religious liberty:i. necessary to preserve the purity of the church. entanglement of church with civil affairs corrupts the churchii. nevertheless, sees relgious diversity as a contributing factor to produc-tive civil lifeb. extends liberty beyond Christians. Providence becomes a significant colonial center for Jewish communitiesLV. Thomas Jeffersona. Virginia Bill for Religious Freed (1777)i. almighty God hath created the mind free; that all attempts to


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