The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular state and to disestablishment, the changing of an existing, formal relationship between the church and the state. Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between church and state", a term coined by Thomas Jefferson. The concept was promoted by Enlightenment philosophers such as John Locke.
In secular usage, religious education is the teaching of a particular religion and its varied aspects: its beliefs, doctrines, rituals, customs, rites, and personal roles. In Western and secular culture, religious education implies a type of education which is largely separate from academia, and which (generally) regards religious belief as a fundamental tenet and operating modality, as well as a prerequisite for attendance.
Abington School District v. Schempp, 374 U.S. 203 (1963), was a United States Supreme Court case in which the Court decided 8–1 in favor of the respondent, Edward Schempp, on behalf of his son Ellery Schempp, and declared that school-sponsored Bible reading and the recitation of the Lord's Prayer in public schools in the United States was unconstitutional.
The National Secular Society (NSS) is a British campaigning organisation that promotes secularism and the separation of church and state. It holds that no one should gain advantage or disadvantage because of their religion or lack of it. It was founded by Charles Bradlaugh in 1866.
A state religion is a religion or creed officially endorsed by a sovereign state. A state with an official religion, while not a secular state, is not necessarily a theocracy. State religions are official or government-sanctioned establishments of a religion, but the state does not need to be under the control of the clergy, nor is the state-sanctioned religion necessarily under the control of the state.
Engel v. Vitale, 370 U.S. 421 (1962), was a landmark United States Supreme Court case in which the Court ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment. The ruling has been the subject of intense debate.
In Canada, a separate school is a type of school that has constitutional status in three provinces and statutory status in the three territories. In these Canadian jurisdictions, a separate school is one operated by a civil authority—a separate school board—with a mandate enshrined in the Canadian Constitution or in federal statutes. In these six jurisdictions a civil electorate, composed of the members of the minority faith, elects separate school trustees according to the province's or territory's local authorities election legislation. These trustees are legally accountable to their electorate and to the provincial or territorial government. No church has a constitutional, legal, or proprietary interest in a separate school.
"Separation of church and state" is a metaphor paraphrased from Thomas Jefferson and used by others in discussions regarding the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution which reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
R v Big M Drug Mart Ltd(Her Majesty The Queen in Right of Canada v Big M Drug Mart Ltd) is a landmark decision by Supreme Court of Canada where the Court struck down the federal Lord's Day Act for violating section 2 of the Canadian Charter of Rights and Freedoms. This case had many firsts in constitutional law including being the first to interpret section 2.
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text is:
Congress shall make no law respecting an establishment of religion...
Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
The Pledge of Allegiance of the United States has been criticized on several grounds. Its use in government funded schools has been the most controversial, as critics contend that a government-sanctioned endorsement of religion violates the Establishment Clause of the First Amendment to the U.S. Constitution. Arguments against the pledge include that the pledge itself is incompatible with democracy and freedom, that it is a form of nationalistic indoctrination, that pledges of allegiance are features of current and former totalitarian states such as Nazi Germany, and that the pledge was written to sell flags.
In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. As stated in the Bill of Rights: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...". Freedom of religion is linked to the countervailing principle of separation of church and state, a concept advocated by Colonial founders such as Dr. John Clarke, Roger Williams, William Penn, and later Founding Fathers such as James Madison and Thomas Jefferson.
The School Prayer Amendment is a proposed amendment to the United States Constitution intended by its proponents to protect the right of the students if they wish, to voluntarily pray in schools, although opponents argue it allows for government-sponsored prayer.
Freedom of religion is a constitutionally protected right in Canada, allowing believers the freedom to assemble and worship without limitation or interference, but it was not always so.
Freedom of religion in Canada is a constitutionally protected right, allowing residents the freedom to assemble and worship as each sees fit without coercion, limitation or interference. The Seventh Day Adventist Church's minority status increased its sensitivity to religious freedom early in its history. Shortly after its birth in 1860, the American Civil War and later "Sunday legislation" in the 1880s and 1890s raised concerns about religious liberty. That sensitivity accompanied the church's expansion into Canada.
School prayer in the United States if organized by the school is largely banned from public elementary, middle and high schools by a series of Supreme Court decisions since 1962. Students may pray privately, and join religious clubs in after-school hours. Public schools are those operated by government agencies, such as local school districts. They are banned from conducting religious observances such as prayer. Private and parochial schools are not covered by these rulings, nor are colleges and universities. Elementary and secondary schools are covered because students are required to attend, and are considered more at risk from official pressure than are older students and adults. The Constitutional basis for this prohibition is the First Amendment to the United States Constitution, which requires that:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...
Law and religion is the interdisciplinary study of relationships between law, especially public law, and religion. Over a dozen scholarly organizations and committees focussing on law and religion were in place by 1983, and a scholarly quarterly, the Journal of Law and Religion, was first published that year. The Ecclesiastical Law Journal began publication in 1987. The Rutgers Journal of Law and Religion was founded in 1999. The Oxford Journal of Law and Religion was founded in England in 2012.
The secular movement refers to a social and political trend in the United States, beginning in the early years of the 20th century, with the founding of the American Association for the Advancement of Atheism in 1925 and the American Humanist Association in 1941, in which atheists, agnostics, secular humanists, freethinkers, and other nonreligious and nontheistic Americans have grown in both numbers and visibility. There has been a sharp increase in the number of Americans who identify as religiously unaffiliated, from under 10 percent in the 1990s to 20 percent in 2013. The trend is especially pronounced among young people, with about one in three Americans younger than 30 identifying as religiously unaffiliated, a figure that has nearly tripled since the 1990s.
