The Madisonian Model
was framed by James
Madison in the Constitution as a way to
organize the government to prevent tyranny. This is accomplished
through a system of checks and balances between the three branches of
government: legislative, executive and judicial. The Bill of Rights
is an extension of the Constitution and is also in place as an
insurance against an overbalance of power, particularly in the
government. Freedom of religion, a civil liberty, outlined in the
Bill of Rights, is in place to balance power, to insure that no one
religion can overpower any other. This idea being carried out through
the separation of church and state.
At the time that
The Bill of Rights was formed there was strong religious persecution
in the United States. An example, individuals were being executed for
the crime of not belonging to whatever the dominate religion was in
that region (Waldman).
Note that citizens of the United States currently have much more
freedom to practice the religion of their choice compared with other
nations of the world, and compared with early colonists of America.
However, there is still much needed growth within the culture of
America to embrace the true idea of freedom of religion. The
separation of church and state, culturally, must move beyond a belief
or disbelief of Christianity if we are to have true freedom of
religion. Protestant Christianity is overrepresented in the
government, and subsequently the culture of America. Minority
religious are exceedingly underrepresented, presenting imbalance of
power between the religions in our society. The theory behind the
separation of church and state does not translate adequately within
the actual practice of the theory.
The American
culture is flawed when it comes to the idea of separation of church
and state within the government. Because our culture has strong roots
in Protestantism many people are blind to the fact that other
religions such as Judaism, Buddhism, Paganism, and Muslim are not
only underrepresented, but at times discriminated against in both
subtle and obvious ways. For example, in the most recent census data
there were 33 different types of Christian religions to choose from,
as compared to 11 of all other religions and five of a non-religion
status (United
States Census, 2012).
That means that there are over twice as many options to choose from
within the frame of Christianity than there are for every other form
of worship or lack there of. This example brings light to the idea
that other beliefs are much more limited in there choices to identify
themselves as outlined by the government. If one is Christian they
can chose from a plethora of choices as to what specific branch of
Christianity they practice. Other religions, who in many cases are
equally diverse, do not. Minority religious groups are not only
limited in their identity. They are also limited in there right to
practice.
A clear example of
how discrimination is more direct due to the over representation of
Christianity can be found in the prison system, particularly the
state prisons. State prisons are subject to more religious
persecution because there is a larger separation of the influence of
the national government. Much like state laws, state prison differ
from state to state and are influenced more directly by the populous
and the culture within that region (McCollum).
Although convicted
criminals have less civil liberties allotted to them, the whole
concept of the prison system steams from the idea of rehabilitation
primarily through religion, therefore inmates have have a greater
access to religious practice (McCollum).
However, the religious accommodations that they are provided are
framed from the Christian religion. These individuals have access to
the Bible, they have Sunday off, they are provided a pastor, they
have time on the chapel calender, the list goes on. An inmate that is
Christian will have no issue, no interruption in there worship once
in prison. Other religions are not provided the appropriate times of
to worship, they are not provided religious material, in fact some
are even not allowed to properly perform their ceremonies, because of
ignorance to the fact that these ceremonies pose no threat to
security. An example of this is Wiccans not being allowed to worship
in a circle, as is customary in their faith, because of the
Protestant understanding of sitting forward in a pew (McCollum).
If the concept of rehabilitation through religious practice is to
truly be embraced coupled with the idea to have freedom of religion,
drastic changes need to happen.
The core of this
issue is planted in ignorance. In many situations people do not
intentionally discriminate against one right to belief as they see
fit. A huge population of the United States is Christian, so
naturally there would be a large representation of that religion if
we are to of a democracy. However, we find that people who are of
different faiths are limited and discriminated against due to
policies outlined by our government. This is contradictory to the
idea of freedom of religion. The solution is in
education. If there was a much stronger degree of education in
diversity of religion in public education at a more primary level
then unintentional discrimination would minimize. The lack of
religious education at a more primary level is actually promoting
discrimination of religion through ignorance. But then we are faced
with the concern of the separation of church and state as it is
understood now. Teaching a comparative religions class especially
coupled with critical thinking at a more primary level of education
than college would not violate the idea of the separation of church
and state. In fact, it would help the future of America to be more
progressive and open mined to other schools of thought.
Although
our Country is founded and framed on the idea of checks and balances,
it is seriously lacking in this practice in regard to religion.
Because the United States was founded by people who were primarily
Protestant, our culture, which dictates how we operate in society, is
also primary Protestant. This over representation leaves minority
religions wanting. However, if we begin to encourage a secular
education of different faiths in school we may be able to better
embrace freedom of religion and the separation of church and state
more adequately. It's at that point that we would be able to avoid
the imbalance of representation and accommodation between
Christianity and every other religion in our government.
Works
Cited
McCollum,
Patrick, Rev. Interview by Margot Adler. The
Right to Prison Rites.
Justice Talking, 2 June 2008. Web. 24 June 2012.
<http://www.justicetalking.org/ShowPage.aspx?ShowID=666>.
Justice Talking, 2 June 2008. Web. 24 June 2012.
<http://www.justicetalking.org/ShowPage.aspx?ShowID=666>.
"Population:
Religion." United
States Census Bureau.
U.S. Census Bureau,
Statistical Abstract of the United States: 2012, 2012. Web. 25 June 2012.
<http://www.census.gov/compendia/statab/2012/tables/12s0075.pdf>.
Statistical Abstract of the United States: 2012, 2012. Web. 25 June 2012.
<http://www.census.gov/compendia/statab/2012/tables/12s0075.pdf>.
Waldman,
Steven. Interview by Margot Adler. Founding
Faith.
Justice
Talking, 2 June 2008. Web. 23 June 2012. <http://www.justicetalking.org/
ShowPage.aspx?ShowID=666>.
Talking, 2 June 2008. Web. 23 June 2012. <http://www.justicetalking.org/
ShowPage.aspx?ShowID=666>.