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Fighting over religion: Inside the First Amendment

Pah

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Fighting over religion: What to watch for in 2005
Inside the First Amendment

By Charles C. Haynes
First Amendment Center senior scholar
01.02.05

http://www.firstamendmentcenter.org/commentary.aspx?id=14616]Complete article

Is it just me, or did public fights about religion escalate dramatically in 2004? The uproar last month over “bringing back Christmas” was just the latest (somewhat silly) example of a yearlong debate about the role of religion in America’s public square.

Consider the presidential campaign, surely the most religion-saturated contest in modern times. One candidate was attacked for being too religious — and the other for not being religious enough. Religious groups of all stripes entered the political arena with unprecedented zeal, motivated by religious convictions about everything from gay marriage to the war in Iraq.

The election, of course, didn’t create the religious divide in America — it only served to highlight how deep and abiding our religious and moral differences have become. Here’s the bad news: The culture-war battles of 2004 are a harbinger of even wider conflicts in 2005 and beyond.

First up may be yet another bruising fight in Congress over President Bush’s faith-based initiatives. Strengthening the capacity of community and faith groups to deliver social services to those in need has strong bipartisan support. But disputes over discrimination in hiring and use of tax money for religious purposes have stalled legislation designed to expand cooperation between government and faith-based programs.
Also far-reaching will be U.S. Supreme Court decisions in three religious-liberty cases, two involving government displays of the Ten Commandments (Van Orden v. Perry and McCreary County v. ACLU) and one concerning the religious freedom of prisoners (Cutter v. Wilkinson).

In 2004, the Court managed to duck deciding the constitutionality of “under God” in the Pledge of Allegiance. But this term, the justices appear ready to define more clearly when government appropriation of religious symbols does and does not violate the First Amendment.
Cutter v. Wilkinson, the case involving prison inmates, won’t get as much attention (the rights of prisoners isn’t a popular cause), but the result may have more lasting significance. At issue is the Religious Land Use and Institutionalized Persons Act, a federal law designed to strengthen protections for the free exercise of religion. The 6th U.S. Circuit Court of Appeals has ruled that this law violates the establishment clause of the First Amendment because it sends a message of endorsement of religion.
 
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