Monday, December 11, 2006

No religious test

What exactly is a religious test, in terms of a condition for holding office? To hear some say it, requiring a belief in God is not a religious test, because it does require an individual to differentiate among the Christian religions, which is what the Framers MUST have had in mind, because this was a Christian country at its foundation. To others, it means that anything that would place as a condition of holding public office anything that would tend to favor one religious mantra over any other (e.g. using a Bible for swearing in instead of the Koran) would be violative of the Constition.

I tend to subscribe to the latter version. It seems that there was a real fear of having a state religion, and that fear stemmed from the Anglican church, which was THE religion in England, or the Catholic church, which was THE religion of previous generations of England. THE religion meant that it was able to quash any other religious movements that crossed the shore or mutated from the original. There is little difference, from what I can see, between forbidding one branch of christianity from exercising governmental control over the other branches and forbidding one religious philosophy from exercising governmental control over all other philosophies.

We may have been founded by Christians, but we were founded on the premise that ALL men are created equal, and that means regardless of their religious beliefs, and to force someone to swear on something they don't believe in, in the name of "tradition" smacks of Plessy v. Ferguson 163 U.S. 537 (1896).

No comments: