本帖最後由 dye 於 2010/7/6 23:30 編輯
The US constitution is kept being used in the debate like this. What did the Constitution say?
The following will give an insight:
In Zelman v Simmons-Harris [2002]
The court rule that it is constitutional to allow the government voucher money goes to the religious school.
Why?
Because
1) "The Establishment Clause of the First Amendment, applied to the States through the Fourteenth Amendment, prevents a State from enacting laws that have the “purpose” or “effect” of advancing or inhibiting religion"
2) "There is no dispute that the program challenged here was enacted for the valid secular purpose of providing educational assistance to poor children in a demonstrably failing public school system. Thus, the question presented is whether the Ohio program nonetheless has the forbidden “effect” of advancing or inhibiting religion. "
3) "To answer that question, our decisions have drawn a consistent distinction between government programs that provide aid directly to religious schools and programs of true private choice, in which government aid reaches religious schools only as a result of the genuine and independent choices of private individuals. While our jurisprudence with respect to the constitutionality of direct aid programs has “changed significantly” over the past two decades, our jurisprudence with respect to true private choice programs has remained consistent and unbroken. Three times we have confronted Establishment Clause challenges to neutral government programs that provide aid directly to a broad class of individuals, who, in turn, direct the aid to religious schools or institutions of their own choosing. Three times we have rejected such challenges.... "
4) "There are no “financial incentive” that “ske[w]” the program toward religious schools"
5) "In sum, the Ohio program is entirely neutral with respect to religion. It provides benefits directly to a wide spectrum of individuals, defined only by financial need and residence in a particular school district. It permits such individuals to exercise genuine choice among options public and private, secular and religious. The program is therefore a program of true private choice. In keeping with an unbroken line of decisions rejecting challenges to similar programs, we hold that the program does not offend the Establishment Clause."
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For a very simliar line of reason, in EVERSON v. BOARD OF EDUCATION OF THE TOWNSHIP OF EWING ET AL. [1947], The court rule that it is constitution for government to fund the buses that send children to religious school.
In particular, because it serve a secular purpose
"Its legislation, as applied, does no more than provide a general program to help parents get their children, regardless of their religion, safely and expeditiously to and from accredited schools. "
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You would wonder, with the seperation of Church and State, why is USA's holiday on Sunday but not Tuesday, on Christmas but not Lunar New Year?
McGOWAN ET AL. v. MARYLAND [1961]
The court gives us an answer.
"Moreover, it is common knowledge that the first day of the week has come to have special significance as a rest day in this country. People of all religions and people with no religion regard Sunday as a time for family activity, for visiting friends and relatives, for late sleeping, for passive and active entertainments, for dining out, and the like. "Vast masses of our people, in fact, literally millions, go out into the countryside on fine Sunday afternoons in the Summer. . . ." Sunday is a day apart from all others. The cause is irrelevant; the fact exists. It would seem unrealistic for enforcement purposes and perhaps detrimental to the general welfare to require a State to choose a common day of rest other than that which most persons would select of their own accord. For these reasons, we hold that the Maryland statutes are not laws respecting an establishment of religion.... "
In other words, yes it has a Christian beginning, but it is a custom of the people.
Not convinced?
MARSH v. CHAMBERS [1983]
The Legislature is using government money to hire a chaplain to gives a prayer to each opening. It is constitutional, too!
The court says
"In light of the unambiguous and unbroken history of more than 200 years, there can be no doubt that the practice of opening legislative sessions with prayer has become part of the fabric of our society. To invoke Divine guidance on a public body entrusted with making the laws is not, in these circumstances, an "establishment" of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country."
In other words, yes it is religious, but it is custom and history of the people. |