03 June 2007

Separation of Church and State

In our Constitutional Law class we will soon be discussing the religion clauses of the First Amendment. One of the more controversial interpretations of the First Amendment's Establishment Clause is that government and religion should be separate, or as Thomas Jefferson wrote, there should be "a wall separating church and state." The are many arguments in support of this interpretation of the Establishment Clause, but the one that is most convincing to me is that we should not allow government and religion to mix because America is a religiously diverse country and some religions will be given an advantage over others. For instance, if we allow prayer in public school, whose prayer should we allow? Christian? Jewish? Muslim? Hindu? If we simply allow the majority to decide then surely those practicing a minority religion will feel left out.

A nice illustration of this is currently being debated in Indonesia, which is predominately Muslim, but also has majority Christian areas. Many areas within Indonesia base their laws upon the Koran, also known as Sharia law. For instance, in some parts of the country all women, even those who are not Muslim, must abide by the Sharia law dress code for women. In response to this, politicians in a Christian area of the country are proposing basing their laws on the Bible. But is this really the best way for a diverse country to operate? Is it preferable to have a patchwork of relgious based laws across the country? Or is the better solution to simply keep religion and government separate, as Thomas Jefferson proposed at the birth of the United States.