The United States Supreme Court’s religion jurisprudence is typically analyzed based on whether a court’s decision emerges from an Establishment Clause analysis or a Free Exercise Clause analysis. While this method is useful, a more in-depth analysis can be undertaken by identifying various philosophical themes that describe the court’s varied approaches to deciding religion cases. The cases can be analyzed under at least four separate but interrelated themes: separation of church and state, cooperation between sacred and secular activities in religion-based contexts, equal treatment among religions, and the integration of religion and politics. This article examines the High Court’s often controversial decisions affecting religion through the lenses of these four themes. The term “separation of church and state” is frequently used to describe the American relationship between law and religion, but this term is far too simplistic a description of how church and state interact in the American system; the ways in which the system sometimes embraces separation but sometimes does not, are analyzed and explained. Consistent with the misconception that the Supreme Court always seeks to “separate” church and state, court analysts will sometimes describe the court’s strategy as giving “no aid” to religion. This also is a simplistic analysis, since it can clearly be shown that the court does not seek to “wall” off religion from government aid in all cases. Rather, the court tends to sanction state support of “secular” activities that arise in religion contexts while denying state aid to the “sacred” components of religious activity. “Equality” is a hallmark of American democracy. While the Founders did not earmark equality as a goal of the religion clauses, the concept has nevertheless emerged as a byproduct of deeper goals, namely sanctioning religious pluralism and providing equal access to government office. If separation of church and state were really the centerpiece of how religion and state activity interact in the United States, the Supreme Court would not sanction the involvement of religion in public debate and discourse, nor would it permit political candidates and officeholders to freely talk about religion in their personal lives and its role in American political life. But the court carefully crafts a jurisprudence that rarely intrudes on this kind of activity. In sum, looking at Supreme Court religion cases through a number of philosophical lenses is a fruitful guide to understanding court decisions that are otherwise often highly complex and confusing.
Derek H. Davis
Religious engagement in America’s national elections occurs within a changing religious and political landscape and therefore requires an analytical framework that accounts for change over time. The nature and composition of religious coalitions, the growing diversity of religious affiliations and sentiments, and the challenges to religion posed by secular interests must be considered. Religious activists seek through national politics what the Constitution forbids: acknowledgment of the nation’s dependence on providence, government support for religion, and the imposition of religious tests on office seekers. They speak primarily through coalitions of sectarians with shared principles and values based on their interpretation of scripture and their view of the nation’s religious heritage. Some groups claim that the United States was founded on Christian principles for Christian ends, and therefore they advocate restoration of a Christian America. Others claim that the nation has never lived up to its founding ideals of justice and equality, and they demand that the country fulfil those promises. Whatever their aims, religious coalitions in national elections purport to speak in a prophetic and universal voice, yet in their advocacy of a particular candidate or public policy they become, and are viewed as, partisans. America is a land of religious diversity and activism, and the political result is competing religious voices in national elections. The United States consists of 200-plus denominations and sects and more than 35,000 independent congregations. And, as some indication of religious activism, there are more than 200 registered religious lobbies in Washington, DC. Without a religious establishment, religion in the United States operates in a marketplace of competing religions whereby no sect is favored and all are all free to pursue their beliefs and practices as long as they do not interfere with the rights of other sects. That diversity and competition extend to politics. Whenever, for example, a religious coalition demands that candidates pass a religious test or lobbies for specific moral initiatives, other religious activists charge them with attempting to impose a particular religion on the country in violation of the nation’s heritage of religious freedom and separation of church and state. In addition to encountering competition from other religious groups, a religious political coalition faces opposition from secular interests. From its founding America has been profoundly sacred and profoundly secular, and sometimes the pursuits of piety and profits clash, as do religious convictions and scientific claims. Marketplace issues abound pitting sacred and secular interests against each other, including “Blue Laws,” or Sunday-closing acts, regulation of the sale of firearms, censorship of the internet, insurance coverage for contraceptives, and prohibition of alcohol and drugs. Science and faith come into conflict in the political arena over such issues as stem-cell research, human cloning, artificial intelligence, and weapons development and sales. National elections are forums for discussing the nation’s moral heritage, character, and mission. Given the country’s religious diversity and its dual sacred-secular heritage, many voices demand to be heard in what is often a contest between religious orthodoxy and religious liberty.