First Amendment and WE

Sune argues that the U.S. Constitution requires total neutrality about religion and cannot, therefore, endorse atheism or the idea that science supports atheism. Michael Kopp reacts.

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From: Sune Nordwall
Subject: First Amendment and WE (Was: Re: What is ...)
Date: Sun, 11 Apr 1999 20:11:19 +0200

To Stephen´s question:

Please give an inclusive/exclusive definition of "religion", i.e. one which will include all things which are religion and will exclude all those which aren't.

John & Wendy Morehead answered in two parts, the first on Thursday, 8 April, the second on Friday, 9 April.

For other Europeans, that like me maybe aren´t very well aquainted with the specific problems relating to the First Amendment of the Constitution of the US and the support, non support or prohibition of religious elements and teaching in public schools, a not bad overview of the problem seems to be one at http://thomasash.hypermart.net/bnet/items/00022.html.

On Thursday John Morehead answered in terms of how it was understood in one case, in 1977, specifically concerning the teaching of Transcendental meditation in a public school(s?) in New Jersey:

As was pointed out in the Malnak v. Yogi case,

(http://www.trancenet.org/law/nj/nj4.html, the end:)

"the subjective characterizations by individuals of teachings as religious or not religious in their systems of categorization cannot be determinative of whether or not the teachings are religious within the meaning of the first amendment" (Malnak v. Yogi, 440 F. Supp. 1284 [1977]).

So regardless of whether the case can be made from a religious studies perspective that Anthroposophy meets a religious definition, subjective definitions of such are not necessarily determinative in a court of law. The court went on to state that it

(http://www.trancenet.org/law/nj/nj9.html, Summary judgement, middle of page:)

"is interested in the term religion as it is used in the Constitution and has no interest in attempting to decide an academic dispute among theologians as to the best approach to defining religion for their professional purposes...None of these [religiously defining] elements need be present, however, for a court to determine that a practice or belief is religious within the meaning of the first amendment."

The note to the last sentence unexpectedly however refers, not to Transcendental Meditation, but to _atheism_ as something that "may be a religion under the establishment clause in that the government cannot aid the propagation of a belief in the nonexistence of a supreme being. See Abington School District v. Schempp. supra, at 225; Zorach v. Clauson, 343 U.S. 306, 314(1952).

Judging from the case, it seems that teaching in public schools that "science is an argument for the nonexistence of a supreme being", a position probably held by a number of the WC on this list is a violation of the First Amendment of the Constitution.

Also, if it does, where does that put the majority of the schools in US? Not an easy situation, it seems.

"While expert opinion is invaluable in certain cases, a court, in dealing with a constitutional term, must be governed more by prior judicial findings than by the opinions of experts."

It would seem that expert testimony in defining religion and Anthroposophy will be reviewed by the court, prior judicial findings may be the deciding factor in this case.

How complicated the problem of defining "religion" is in terms of of how it is understood by the first amendment is described by an article at http://harvardhope.simplenet.com/law/1stAmdtLRArticle.htm [obsolete url] on THE SUPREME COURT'S PROBLEMATIC ACT OF DEFINING CONSTITUTIONALLY PROTECTED RELIGION ´A PRECIS OF HER PAST DEFINITIONS.

According to the paper, "The intention of the First Amendment religion clauses was not to prevent governmental aid to religion but to assure governmental neutrality toward different sects." (1 Annals of Congress 434, 731 (J. Gales ed. 1789).).

If this becomes the central understanding of the First Amendment, I see few other better ways of doing justice to the intention than the way it is handled in waldorf schools, trying to create the basis for relating to the whole range of religious experiences in a general ordered way out of the developing inner relation to the world of the growing child, from the maybe more pantheistic stage in early childhood to the secular humanist stage developing out of the more rationally dominated thinking in adolescence.

To _my_ understanding, few other pedagogies do better justice to the possibility of a real freedom in relation to the total range of religious experience, that seems to be the intention of the First Amendment, than WE.

Sincerely,

Sune Nordwall
Stockholm, Sweden

http://hem.passagen.se/thebee/indexeng.htm
- a site on science, homeopathy, cosmological cell biology and
EU as a mechanical esoteric temple and threefolding of society

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From: Sune Nordwall
Subject: Re: First Amendment and WE (Was: Re: What is ...)
Date: Sun, 11 Apr 1999 20:30:59 +0200

P.S

According to http://thomasash.hypermart.net/bnet/items/00022.html, the position taken in my posting as the - to me - most reasonable one seems to correspond to the position of a non-preferentialist.

Sune Nordwall
Stockholm, Sweden

http://hem.passagen.se/thebee/indexeng.htm
- a site on science, homeopathy, cosmological cell biology and
EU as a mechanical esoteric temple and threefolding of society

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From: Michael Kopp
Subject: Re: First Amendment and WE (Was: Re: What is ...)
Date: Mon, 12 Apr 1999 11:25:24 +1200

Sune Nordwall on science as religion:

[snip]

Regarding a court judgement:

The note to the last sentence unexpectedly however refers, not to Transcendental Meditation, but to _atheism_ as something that "may be a religion under the establishment clause in that the government cannot aid the propagation of a belief in the nonexistence of a supreme being. See Abington School District v. Schempp. supra, at 225; Zorach v. Clauson, 343 U.S. 306, 314(1952).

Judging from the case, it seems that teaching in public schools that "science is an argument for the nonexistence of a supreme being", a position probably held by a number of the WC on this list is a violation of the First Amendment of the Constitution.

Also, if it does, where does that put the majority of the schools in US? Not an easy situation, it seems.

Michael KOPP says:

Sune, you have already admitted to ignorance of the U.S. Constitution, legal and cultural framework. Perhaps you are also ignorant of what goes on in U.S. public schools, particularly in regard to the teaching of "science".

To my knowledge (it was certainly never true for my own education there from 1955 to 1975) the teaching of science does not include "the propagation of a belief in the nonexistence of a supreme being".

You are taking the court's words about atheism -- a true rejection of the supernatural -- and applying it to science, which *says nothing about the existence or otherwise of the supernatural*.

I have seen nothing in anything I have ever read about science that supports your contention. Science is neutral on supernature, because science is based on emperical evidence, and there is no evidence of anything supernatural.

Perhaps you are confusing -- intentionally or not -- science's neutral statement that there is no evidence of anything supernatural with atheism's absolute statement (based on belief, not evidence) that there is no supernatural realm.

The proper teaching of science (and I might agree that science is often poorly taught, or taught more with a bias towards theism than towards atheism, in the U.S.) is that is evidence based, and therefore has nothing to do with belief or non-belief in things supernatural.

Cheers from Godzone,

Michael Kopp
Wellington, New Zealand

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