Studio Render Inc.Architecture, Politics and Philosophy

Jul 6th The Constitution and Religion

Religion and government have been a matter of great importance and concern for centuries, but religion makes only one direct and obvious appearance in the original constitution.  The end of the third clause in Article 6 states that no religious test shall ever be required as a qualification to any office or public trust under the United States.
It should be noted that without exception, the Framers were Christian or, at the very least, believed in God (Deism).

As state constitutions had a Bill of Rights, the Constitution of the United States would also frame one.  In the subsequent discussions of framing a federal Bill of Rights, religious freedom was introduced as an issue.  The 1st Amendment states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.  Although the Free exercise clause of the Constitutions First Amendment codified one of the founding principals of the U.S., “the establishment clause is implicated because the law provides special treatment to religion and thus may be seen as tending to establish some religious traditions contrary to the separation of church and state.”   The notion of church and state conceptually claims that government should not become enmeshed in religion.  Does this include zoning regulations on religious structures?  Are we treating religions preferentially?

“In recent years congress has looked for ways to help religious institutions with these perceived problems.  The Religious Freedom Restoration Act of 1993 was passed by congress, but was declared unconstitutional by the Supreme Court in 1997.  In 2000 Congress addressed more narrowly the conflicts between local land use authorities and religious institutions with RLUIPA.  Focusing on 2 areas: land-use laws and the rights of prisoners.  RLUIPA provides a new tool for religious institutions in their dealings with local government.  Because they frequently lack the resources of large commercial businesses and are not politically adept, religious institutions often have been incapable or unwilling to fight local land use decisions.”

Reference
The Constitution and Religion. The U.S. Constitution Online. www.usconstitution.net/consttop_reli.html (accessed November 30, 2005).
Bixler, Albert G. 2002. Religious Land Disputes. Urban Land, 2002 Nov.-Dec., v.61, 31.
Giaimo, Michael S. 2003. Church V. State. Planning, 2003 Apr., v. 69, 16.

Posted in Historical and tagged church, church v state, consitution, government, religion, state by Studio Render with 5 comments.