ken starr
Spencer Budden
American Constitutional Development
Judge Ken Starr
Religion in the Public Square
In Ken Starr’s speech and chapter “Religion in the Public Square” Starr notes numerous different cases of religion in both the federal and state courts. Starr discusses how the constitution states that Congress shall make “no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The separation of church and state is very adamant in the Constitution, and there have been numerous cases going up to the Supreme Court which dispute the role of religion in relation to law; specifically unconstitutional protection and attaching of religious liberty. Starr notes the case of Westside High School, where a girl was trying to conduct a bible study and was denied the ability by the school. When the girl filed in court, the case round its way up to the Supreme Court, and Bridget eventually won. There have been numerous cases like this one, included the multiple Jehovah Witness’s cases. As Starr continues to site other cases in history of the issue of religion, he notes that religious liberty is ‘our first liberty’. Parents of students in schools soon began to bring suits of prayers in public schools, calling it an unconstitutional establishment of religion. The pledge of allegiance has been called into question, because of the “Under God” portion. In the end, the constitution states that freedom of religion means the freedom to chose a religion, or to not to. Religion for the most part is grounded in morals and ethics, as much of law theory and practice, therefore creating a grey area where the two can mix. Stare Desis has shown it to be a controversial subject, and it shall continue to be one in the future.
American Constitutional Development
Judge Ken Starr
Religion in the Public Square
In Ken Starr’s speech and chapter “Religion in the Public Square” Starr notes numerous different cases of religion in both the federal and state courts. Starr discusses how the constitution states that Congress shall make “no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The separation of church and state is very adamant in the Constitution, and there have been numerous cases going up to the Supreme Court which dispute the role of religion in relation to law; specifically unconstitutional protection and attaching of religious liberty. Starr notes the case of Westside High School, where a girl was trying to conduct a bible study and was denied the ability by the school. When the girl filed in court, the case round its way up to the Supreme Court, and Bridget eventually won. There have been numerous cases like this one, included the multiple Jehovah Witness’s cases. As Starr continues to site other cases in history of the issue of religion, he notes that religious liberty is ‘our first liberty’. Parents of students in schools soon began to bring suits of prayers in public schools, calling it an unconstitutional establishment of religion. The pledge of allegiance has been called into question, because of the “Under God” portion. In the end, the constitution states that freedom of religion means the freedom to chose a religion, or to not to. Religion for the most part is grounded in morals and ethics, as much of law theory and practice, therefore creating a grey area where the two can mix. Stare Desis has shown it to be a controversial subject, and it shall continue to be one in the future.