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A US State can establish its own State religion

Dragoon68

Active Member
Magnetic Poles said:
Doesn't have to. The 14th Amendment makes the states subject to the federal constitution. They may not infringe any rights at the state level that are guaranteed at the federal level.
Not that I think we should have a State church but such would not "infringe any rights" that are "guaranteed" at the federal level. That part of the Constitution was about specific prohibitions against Congress in particular - not rights. The States that had State churches at the time and for decades more made changes to their own Constitution on this subject because they wanted to.
 
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Magnetic Poles

New Member
Dragoon68 said:
Not that I think we should have a State church but such would not "infringe any rights" that are "guaranteed" at the federal level. That part of the Constitution was about specific prohibitions against Congress in particular - not rights. The States that had State churches at the time and for decades more made changes to their own Constitution on this subject.
Yeah....good luck with that! :laugh:

SCOTUS has upheld explicitly that the establishment clause is applicable to state governments because of the 14th. Look at Everson v. Board of Education and Board of Education of Kiryas Joel Village School District v. Grumet.
 
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Salty

20,000 Posts Club
Administrator
The right of free exercise, guaranteed in the First Amerndment of the US Consitution. Coercing people to support a state church infringes this right. It also violates the establishment clause. Pretty plain and simple.

If you support a state religion, whose religion would you suggest?
And from post # 5 by MP "Doesn't have to. The 14th Amendment makes the states subject to the federal constitution. They may not infringe any rights at the state level that are guaranteed at the federal level. "

*************************************
Since 21 Jun 1788, all States or Commonwealths have been subject to the Federal Constitution.

Currently the Federal govt is very good at coercing people. If you are anti-war, your taxes go for war, if you are anti-abortion, you $ go abortion, if you are pro-choice, the govt requires you to wear a seat belt...

BTW, there is no such doctrine as the so-called "establishment clause" plain and simple!
What the Constitution meant was that the govt was to stay out of the affairs of the church.

Remember, part of our Baptist polity would prohibit us from wanting to establish a State or Commonwealth religion
 

billwald

New Member
Then the government was wrong in sending troops to Utah to prevent Utah citizens from establishing an LDS government?
 

EdSutton

New Member
Not that I think we should have a State church but such would not "infringe any rights" that are "guaranteed" at the federal level. That part of the Constitution was about specific prohibitions against Congress in particular - not rights. The States that had State churches at the time and for decades more made changes to their own Constitution on this subject because they wanted to.
Exactly!

Connecticut, Georgia, New Hampshire and South Carolina all had an official state Church at the time of the adoption of the US Constitution, and the Bill of Rights.

[Edited to add]

Also, the LDS Church was the de facto, if not de jure, state Church of Utah, when admitted to the US.

BTW, Idaho also had an official Church for 24 years, from 1957-1981. Was Presbyterian, I believe.

http://bioguide.congress.gov/scripts/biodisplay.pl?index=c000388

And Nevada even had a official Bible for most of 40 years.

http://bioguide.congress.gov/scripts/biodisplay.pl?index=B000436

;)

Ed
 
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Magnetic Poles

New Member
BTW, there is no such doctrine as the so-called "establishment clause" plain and simple!
What the Constitution meant was that the govt was to stay out of the affairs of the church.
Not according to any valid authority, such as ... oh ... say the SCOTUS. This is a talking point with no backing.

Also, there is indeed an establishment clause AND a free exercise clause. One gives us freedom from coercive religion, the other gives us freedom of choice in religion.
 

Salty

20,000 Posts Club
Administrator
Not according to any valid authority, such as ... oh ... say the SCOTUS. This is a talking point with no backing.

and at one time the SCOTUS also upheld fugitive slave laws - , they at one time upheld separte but equal...
The Court can and does (though not often) change opinion
 

billwald

New Member
>Also, the LDS Church was the de facto, if not de jure, state Church of Utah, when admitted to the US.

Immaterial. Some southern states have de facto Baptist governments right now. And Cal has a de facto agnostic government.
 

billwald

New Member
I don't care what any of you believe. Sloppy and inconsistent thinking irritates me. Now that I am old and fat and can't eat and drink what I want this is the only amusement left.
 

rbell

Active Member
I don't care what any of you believe. Sloppy and inconsistent thinking irritates me. Now that I am old and fat and can't eat and drink what I want this is the only amusement left.

Allegations with no factual proof aren't sloppy and inconsistent?
 

matt wade

Well-Known Member
I don't care what any of you believe. Sloppy and inconsistent thinking irritates me. Now that I am old and fat and can't eat and drink what I want this is the only amusement left.

So, what you are saying is that you constantly irritate yourself?
 

Surfer Joe

New Member
What rights would be infringed upon by a state creating a state religion?

It would infringe upon the rights of American citizens that live in said state.

Why would any state want to institute a state religion? The early people in this country wanted to get AWAY from state religion. And what would give Christians the right to force their beliefs on others through a state religion? Would you want another religious group to do the same to you?
 

Surfer Joe

New Member
And from post # 5 by MP "Doesn't have to. The 14th Amendment makes the states subject to the federal constitution. They may not infringe any rights at the state level that are guaranteed at the federal level. "

*************************************
Since 21 Jun 1788, all States or Commonwealths have been subject to the Federal Constitution.

Currently the Federal govt is very good at coercing people. If you are anti-war, your taxes go for war, if you are anti-abortion, you $ go abortion, if you are pro-choice, the govt requires you to wear a seat belt...

BTW, there is no such doctrine as the so-called "establishment clause" plain and simple!
What the Constitution meant was that the govt was to stay out of the affairs of the church.

Remember, part of our Baptist polity would prohibit us from wanting to establish a State or Commonwealth religion

I'm inclined to believe until persuaded otherwise, that they also wanted the church to stay out of the government. The fact that they were breaking free from a country with a state church seems to indicate this.
 

Salty

20,000 Posts Club
Administrator

Surfer Joe

New Member
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