“Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof;”
Is the display of the 10 commandments upon public grounds and in public buildings the “establishment” of religion? To comprehend the answer it is necessary to consider each of the three parts of this clause separately: part one “Congress shall make no law;” part two “respecting the establishment of religion,” and part three “or prohibiting the free exercise thereof;” and to thoroughly understand what is meant by the words “establishment” and “religion.”
In this use of the word “establishment,” one presumes the definition of the word to mean: “to make (a church/religion) a national institution.” No other definition applies since churches and religions are already established in their own rights.
What is a “religion”? A religion, by almost universal acceptance, is a social system consisting of three distinct components: creed, code and cult.
Creed is what the adherents uniquely believe – that unique set of beliefs that set the adherents apart from all other adherents of all other beliefs. Those who practice Judaism hold fundamental beliefs that differ from those held by adherents of Hinduism, for example. The unique set of fundamental beliefs held by each group forms the unique creed of each group. Some creeds hold that there is a deity. Others hold many deities, another, no deity. These creeds are statements of belief. No one can say with certainty that there is a deity just as no one can say with certainty that there is no deity. Thus, creeds are not statements of fact; they are statements of belief or faith. To say “there is no god” is as much a creed as to say “I believe in God.”
Code is how the adherents apply their belief(s) (creed[s]) to their everyday lives. Application may be manifest in moral code, dress code, dietary code, sanitary code, code of ethics, code of conduct, civil code etc.
Cult is how adherents manifest their belief in their unique creed. Some may assemble as a “community” of believers to participate in a “ritual” such as in a church or temple or mosque. Others may manifest their belief individually, with or without a ritual, in a specific setting or in no specific setting.
Thus, there are many religions, each professing its own creed, incorporating its own code and practicing its own cult. When the commonalities of distinct religions are greater than the differences that divide them, they are generally ascribed a “descriptive” that identifies them as a group: Jew, Muslim, Christian, etc.
Judaism is not a religion. Judaism is a “descriptive” of a group of at least three religions that profess the same creeds but incorporate different codes: orthodox, conservative and reformed. While the adherents of these many religions are all called Jews or of the Jewish faith, they are separated by and recognized as uniquely different one from the other by the differences in their codes.
Christianity is not a religion. Christianity is a “descriptive” of thousands of different religions all professing a single common creed, the belief in the Christ, and a multitude of differing creeds thereby making them different religions. Orthodox Christians believe different creeds than do Catholic Christians than do Protestant Christians. Even these three “descriptives,” “Orthodox,” “Catholic,” and “Protestant,” are not religions.
All of the adherents of all of the Orthodox religions and all of the adherents of all of the Catholic religions and all of the adherents of all of the Protestant religions are collectively called Christians but Christianity is not, in and of itself, a religion. The use of broad “descriptives” such as Judaism or Christianity to define “religion” extends just as inaccurately to Islam, Buddhism, Atheism and several other “isms” of the world.
Many “descriptives” are recognizable by their symbols: a cross, a crucifix, a star-of-David, a crescent, a Buddha etc. A depiction of the 10 commandments is a symbol associated with thousands of religions: those that profess the creeds of the “descriptives” Judaism and Christianity.
Is the display of the 10 commandments upon public grounds and in public buildings the “establishment” of religion? No! If it is anything it is the display of a symbol recognized by thousands of religions. Since the 10 commandments are but one of the many creeds of thousands of religions; since there is not a single religion which has as its sole creed the 10 commandments; since their display does not force or even suggest the observer of the symbol to apply any particular code or to practice or manifest any particular cult, the display of the 10 commandments is certainly not the establishment of religion. To think otherwise one would have to either: ask which of the thousands of religions does it establish or; admit that one does not understand the difference between religion and religiosity.
We, as a country, can be a religious country without endorsing, subscribing to or establishing any particular religion. A symbol is not a religion. A prayer is not a religion. An invocation or benediction is not a religion. A slogan is not a religion. A Bible is not a religion. A Koran is not a religion. An oath is not a religion. A statue is not a religion. The word “God” is not a religion. Allowing, even promoting, any of these is not the establishment of religion. At best, these are no more than symbols of our religiosity as a country, some of them shared among many “descriptives” as well as many religions.
Some countries do establish religion – the state religion. Russia, for example, established, not Christianity, not the sub-sect of Orthodoxy but a very specific religion within Christian Orthodoxy, The Russian Orthodox Church or Russian Orthodoxy with its unique creed, code and cult, as the state religion. Poland recognizes, not Christianity, not the sub-sect of Catholicism, but specifically the Roman Catholic Church with its unique creed, code and cult, as its official religion. England recognizes, not Christianity, not the sub-sect of Protestantism, but a very specific Christian Protestant religion, The Church of England or Anglicanism with its unique creed, code and cult, as its state religion.
We, as a country, cannot establish a state religion or suggest any one religion preferentially over any other. The First amendment prohibits such. Nowhere does the first amendment require us to abandon symbols of our religiosity. Recognizing our religiosity; recognizing that religiosity is woven into the fabric of our society is not the establishment of religion. That symbols of our religiosity have also been woven into the fabric of our society is not surprising. Confusing the symbols of religiosity with the establishment of religion, it can be argued, is what the framers were addressing in the third part of the establishment clause: “or prohibiting the free exercise thereof.” Prohibiting the free exercise of what? The free exercise of religion? Or could they have meant the free exercise of religiosity? Certainly they could not have meant the free exercise of any specific religion because, by the second part, they prohibited the establishment of any religion. It is more likely, therefore, that they intended the free exercise of any religion or all religions or the free exercise of religiosity in general. Religiosity is not a religion.
There is nothing within our constitution that requires the separation of church and state other than the establishment clause of the First Amendment, of which the first part is important: “Congress shall make no law…” Clearly, the framers intended that Congress should legislate. Nowhere is it suggested that the judiciary should legislate. In the absence of a congressionally mandated law that establishes a religion, everyone in this country is guaranteed the free expression of any religion or the free expression of religiosity by the third part. For any judicial body at any level to rule that the display of the 10 commandments upon public grounds and in public buildings is the establishment of religion (in the absence of a congressionally mandated law that establishes that religion) and, therefore, unconstitutional is for the judiciary to make new law and to deny the guarantees of the third part which, by itself, is unconstitutional.
The arguments presented, based on the fact: that a religion is defined by three elements, creed, code and cult; that religiosity is not a religion; that Congress has made no law establishing a religion; that the free exercise of religion and religiosity is guaranteed to all; that, in the absence of a congressionally mandated religion, to rule that the display of a “descriptive” symbol establishes religion is to make new law judicially and deny the guarantees of the third part; these all argue for maintaining “under God,” “so help me God.” “in God we trust,” “Christmas,” the crèche, “Merry Christmas,” the menorah, the cross, the crucifix, the crescent, the star-of-David, school prayer and all other symbols of broad “descriptives.”
Any argument to the contrary must then accept that Atheism is a “descriptive” of several religions that profess a single common creed: there is no deity. The statement that there is no God is a statement of belief or of faith since it cannot be a statement of certainty. Those who profess that creed and who incorporate that creed into the codes of their daily lives and who manifest that belief in their cults are indeed practicing a “religion.”
The adherents of Atheism would have our judiciary make new law requiring the removal of all symbols of “descriptives” or religiosity which would, in itself, be the establishment of Atheism, by the judiciary, as the state religion.
George Fulton
Author of several articles from sweet potato recipes to ant extermination.
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