Tuesday, September 6, 2011

Separation of Church and State

I think that It is interesting to note the evolution and outcomes of the landmark cases that are the pinnacles of both the establishment clauses and free exercise. In Wisconsin vs. Yoder the free exercise clause is still hotly discussed. Recently in a seminar held at the Supreme Court, Shawn Francis Peters who is a scholar and wrote a book about the case noted that the original complaint was from the school who noticed that many Amish students where no longer attending. His primary concern was not for the students but for the $20,000 in lost revenue. I think that weighing this against the parents right to keep there students from GYM class and the locker room is really a waist of court time. Despite this I agree that every student should be given an education so that they can make religious choices for them selves. Wisconsin v. Yoder makes it a priority for students protection and right to education regardless of the facts of the case. I agree with Justice William O. Douglas who wrote for the dissenting judges in the case that "the court failed to take into account the rights of the Amish children, and that their views about whether they wished to attend high school deserved consideration." I feel that the Amish had every right to keep their children from attending public school for the reasons involved in this case but I also think that every student deserves the best education possible. The establishment clause rightfully limits what involvement government has in regulating religion and at the same time separates religion from having a place in government. The best interest of the student is at the heart of both cases. When can a student make their own choices? The compelling state interest should always be towards making better citizens and an educated citizen is a better citizen. Although the outcome is a little more sever a 1999 law was passed in Oregon that allows the state to force a child to undergo medical (http://en.wikipedia.org/wiki/Followers_of_Christ) even if it is against the parents religion. I know this is a little bit of a stretch but children who don't receive an education are disadvantaged. Interestingly enough the original children from the Yoder case had been attending school sponsored by their church and I would fully support parents who choose to teach their own children.

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