DiscoverStay Tuned with PreetThou Shalt Merge Church & State (with Noah Feldman)
Thou Shalt Merge Church & State (with Noah Feldman)

Thou Shalt Merge Church & State (with Noah Feldman)

Update: 2024-07-081
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This episode of Stay Tuned in Brief discusses the implications of the Supreme Court's decision in Kennedy v. Bremerton, which has led to a new era of religious laws in the United States. The episode focuses on Louisiana's new law requiring public schools to display the Ten Commandments, arguing that this law violates the First Amendment's establishment clause. The episode also explores the broader context of the Supreme Court's constitutional revolution, which has seen a shift in jurisprudence on issues such as abortion, gun rights, and affirmative action. The episode concludes by discussing the potential for future legal challenges to the separation of church and state, as well as the role of state constitutional law in protecting individual rights.

Outlines

00:00:48
The Ten Commandments in Louisiana Schools

This Chapter discusses the recent law passed in Louisiana requiring every public school classroom to display the Ten Commandments. The law has been challenged by the ACLU, who argue that it violates the First Amendment's establishment and free exercise clauses. The chapter explores the legal arguments surrounding the law, including the establishment clause, the free exercise clause, and the historical context of the First Amendment. It also discusses the potential implications of the law for the separation of church and state.

00:01:41
The First Amendment's Establishment and Free Exercise Clauses

This Chapter delves into the First Amendment's establishment and free exercise clauses, explaining their purpose and historical context. It discusses how the Supreme Court's decision in Kennedy v. Bremerton has shifted the interpretation of the establishment clause, moving away from the traditional test of coercion and endorsement towards a focus on history and tradition. The chapter also explores the implications of this shift for the future of religious laws in the United States.

00:07:18
The Conservative Revolution and the Separation of Church and State

This Chapter examines the broader context of the Supreme Court's constitutional revolution, which has seen a shift in jurisprudence on issues such as abortion, gun rights, and affirmative action. The chapter argues that the conservative majority on the Supreme Court is in the middle of a constitutional revolution, and that the decision in Kennedy v. Bremerton is part of this broader trend. It also discusses the potential for future legal challenges to the separation of church and state, as well as the role of state constitutional law in protecting individual rights.

00:19:32
State Constitutional Law and the Separation of Church and State

This Chapter discusses the role of state constitutional law in protecting individual rights, particularly in the context of the separation of church and state. The chapter highlights the recent decision by the Oklahoma Supreme Court to block the establishment of a publicly funded religious charter school, arguing that this decision demonstrates the power of state constitutional law to preserve individual rights even when the Supreme Court has weakened federal constitutional protections.

Keywords

First Amendment


The First Amendment to the United States Constitution protects several fundamental rights, including freedom of religion, freedom of speech, freedom of the press, the right to assemble, and the right to petition the government. The establishment clause of the First Amendment prohibits the government from establishing a state religion or favoring one religion over another. The free exercise clause protects individuals' right to practice their religion without government interference.

Establishment Clause


The establishment clause of the First Amendment prohibits the government from establishing a state religion or favoring one religion over another. It has been interpreted to mean that the government cannot coerce individuals to participate in religious activities, endorse a particular religion, or make laws that promote or inhibit religion. The Supreme Court's decision in Kennedy v. Bremerton has shifted the interpretation of the establishment clause, moving away from the traditional test of coercion and endorsement towards a focus on history and tradition.

Free Exercise Clause


The free exercise clause of the First Amendment protects individuals' right to practice their religion without government interference. It has been interpreted to mean that the government cannot prohibit individuals from practicing their religion, even if their religious practices conflict with general laws. The Supreme Court has recently strengthened the free exercise clause, leading to concerns that it could be used to justify exemptions from anti-discrimination laws and other general laws.

Kennedy v. Bremerton


Kennedy v. Bremerton was a 2022 Supreme Court case that involved a high school football coach who was disciplined for praying on the field after games. The Supreme Court ruled in favor of the coach, finding that his prayer was protected by the First Amendment's free exercise clause. This decision has been interpreted as a significant shift in the Supreme Court's jurisprudence on the separation of church and state, moving away from the traditional test of coercion and endorsement towards a focus on history and tradition.

Separation of Church and State


The separation of church and state is a principle that seeks to prevent the government from interfering with religious practices and to prevent religion from influencing government policy. This principle is enshrined in the First Amendment to the United States Constitution, which prohibits the government from establishing a state religion or favoring one religion over another. The Supreme Court's recent decisions have raised concerns about the future of the separation of church and state, as the Court has shown a willingness to expand the role of religion in public life.

Christian Nationalism


Christian nationalism is a political ideology that seeks to establish a Christian nation, often based on the belief that the United States was founded as a Christian nation and that Christian values should be enshrined in law and public policy. Christian nationalists often support policies that promote Christian religious practices in public life, such as prayer in schools, the display of religious symbols in government buildings, and the use of religious arguments in political discourse. Christian nationalism has been a growing force in American politics in recent years, and it has been linked to the rise of white supremacy and other forms of extremism.

Public Schools


Public schools are schools that are funded by the government and are open to all students, regardless of their religious beliefs or background. The First Amendment prohibits the government from establishing a state religion or favoring one religion over another, which means that public schools cannot promote or endorse any particular religion. However, the Supreme Court's recent decisions have raised concerns about the future of the separation of church and state in public schools, as the Court has shown a willingness to expand the role of religion in public life.

Louisiana


Louisiana is a state located in the southern United States. It is known for its unique culture, which is a blend of French, Spanish, African, and American influences. Louisiana is also home to a diverse population, including a large Catholic population. The state has recently passed a law requiring public schools to display the Ten Commandments, which has been challenged by the ACLU.

ACLU


The American Civil Liberties Union (ACLU) is a non-profit organization that works to defend and preserve the individual rights and liberties guaranteed by the Constitution and laws of the United States. The ACLU has been a leading advocate for the separation of church and state, and it has challenged numerous laws and policies that it believes violate the First Amendment. The ACLU has filed a lawsuit challenging Louisiana's new law requiring public schools to display the Ten Commandments.

Ten Commandments


The Ten Commandments are a set of religious laws that are believed to have been given by God to Moses on Mount Sinai. They are a central part of Judaism and Christianity, and they are often seen as a foundation for moral and ethical behavior. The Ten Commandments have been the subject of numerous legal challenges, as they have been used to justify the display of religious symbols in public spaces and the promotion of religious practices in government-funded institutions.

Q&A

  • What are the implications of the Supreme Court's decision in Kennedy v. Bremerton for the separation of church and state?

    The Supreme Court's decision in Kennedy v. Bremerton has been interpreted as a significant shift in the Court's jurisprudence on the separation of church and state, moving away from the traditional test of coercion and endorsement towards a focus on history and tradition. This shift has opened the door for states to introduce religious laws, such as Louisiana's requirement for public schools to display the Ten Commandments, which raises concerns about the future of the separation of church and state.

  • What are the legal arguments surrounding Louisiana's new law requiring public schools to display the Ten Commandments?

    The ACLU has challenged Louisiana's new law on the grounds that it violates the First Amendment's establishment clause and free exercise clause. The establishment clause argument is that the law promotes a particular religion, while the free exercise clause argument is that the law forces students who do not share the religious beliefs of the Ten Commandments to be exposed to them in a coercive environment. The chapter explores the legal arguments surrounding the law, including the establishment clause, the free exercise clause, and the historical context of the First Amendment. It also discusses the potential implications of the law for the separation of church and state.

  • What is the broader context of the Supreme Court's constitutional revolution?

    The Supreme Court's decision in Kennedy v. Bremerton is part of a broader trend of conservative legal activism that has been underway for several decades. The conservative majority on the Supreme Court is in the middle of a constitutional revolution, and they have issued major decisions on a range of issues, including abortion, gun rights, affirmative action, and environmental protection. This revolution has seen a shift in jurisprudence on a number of issues, and it has raised concerns about the future of individual rights in the United States.

  • What is the role of state constitutional law in protecting individual rights?

    State constitutional law can play a significant role in protecting individual rights, even when the Supreme Court has weakened federal constitutional protections. The recent decision by the Oklahoma Supreme Court to block the establishment of a publicly funded religious charter school demonstrates the power of state constitutional law to preserve individual rights. This decision suggests that state constitutional law can provide a bulwark against the erosion of individual rights at the federal level.

  • What can we expect to see in the future regarding the separation of church and state?

    We can expect to see a lot more challenges to the separation of church and state in the coming years. These challenges will likely involve extreme actions by states, such as the Louisiana Ten Commandments law, and they will be appealed all the way to the Supreme Court. The Supreme Court will have to decide how to balance the competing interests of religious freedom and the separation of church and state, and its decisions will have a significant impact on the future of religious laws in the United States.

Show Notes

Noah Feldman is professor at Harvard Law School, a columnist for Bloomberg Opinion, and a nationally recognized expert on religion and the law. He joins Preet to discuss Louisiana’s new law requiring public schools to display the Ten Commandments, and why religious laws are on the rise. 


Stay Tuned in Brief is presented by CAFE and the Vox Media Podcast Network. Please write to us with your thoughts and questions at letters@cafe.com, or leave a voicemail at 669-247-7338.


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Thou Shalt Merge Church & State (with Noah Feldman)

Thou Shalt Merge Church & State (with Noah Feldman)

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