Thursday, March 7, 2019

Is There Still A Separation Of Church And State?

It seems that with every passing day America is changing in one way, shape, or form. Although one constant remains and that is the freedom to practice whatever religion your heart, body, and soul desires. This has been the case ever since the documents laying down the foundation of our nation were written in an attempt to stay away from the tyrannical rule of Great Britain. There is something going on within the Supreme Court and the 14th Amendment in terms of religion, but with the justices on the bench now, it is not all that surprising.

Per The New Yorker, the establishing clause of the 14th Amendment is fading out and the free exercise clause is coming in. Now, this does not mean that it will be written out, rather it means that they free exercise clause is starting to be used by the justices in more and more cases in order to set a precedent. They are beginning to rule that Catholic Schools can receive government funding just like public schools even though they are run by their local diocese. If public schools are able to receive funding for textbooks, transportation, and teachers salaries, then the religious schools should be no different. Judge Kavanaugh stated that if the government discriminates against religious schools solely because of their title, then that violates the free exercise clause. So, does this infringe upon the separation of Church and State? It seems like it may due to the fact that some religious institutions are now receiving government funding, but they are not interfering with an individuals right to pick what religion to practice. The similar cases that are to follow will give us more information because, for now, it is too early to tell. 

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