Monday, June 2, 2014

Fea: "George Washington and Religious Freedom at the New 'Cornerstone' Blog"

John Fea gives us the details here. His post is here. It responds to Thomas Kidd's original. Also featuring Marci Hamilton, Mark Noll and Matthew Franck. A taste from Fea's post:
... To the Swedenborgian congregation in Baltimore, Washington wrote: “in this land truth and reason have triumphed over the power of bigotry and superstition and that every person may here worship God according to the dictates of his own heart.” To the Baptists of his home state of Virginia, Washington affirmed that the Constitution would never “endanger the religious rights of any ecclesiastical Society.” He let them know that he would never have signed the Constitution if it rendered “liberty of conscience insecure” or allowed the “horrors of spiritual tyranny, and every species of religious persecution.” 
Washington took several other steps designed to end religious persecution and enhance religious freedom. For example, amid much protest from Christian clergy, he appointed John Murray, the founder of Universalism, as a chaplain in the Continental Army. ...

3 comments:

Tom Van Dyke said...

Washington took several other steps designed to end religious persecution and enhance religious freedom. For example, amid much protest from Christian clergy, he appointed John Murray, the founder of Universalism, as a chaplain in the Continental Army. ...


Ken Starr has a good piece there at Cornerstone:

http://berkleycenter.georgetown.edu/rfp/blog/shifting-applicability-a-history-of-judicial-approaches-to-free-exercise

and well-cites West Virginia State Board of Education v. Barnette (1943):

"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein."

The question of orthodoxy is touched on by Madison often, that the government is never to be the judge what is acceptable or authentic Christian doctrine and what isn't. That was especially necessary in what was essentially a Protestant country, with dozens if not hundreds of denominations.

“There were not just Presbyterians, but Old and New School Presbyterians, Cumberland Presbyterians, Springfield Presbyterians, Reformed Presbyterians, and Associated Presby­terians; not just Baptists, but General Baptists, Regular Baptists, Free Will Baptists, Separate Baptists, Dutch River Baptists, Permanent Baptists, and Two-Seed-in-the-Spirit Baptists.”
---Gordon Wood

Art Deco said...

Also featuring Marci Hamilton

Courtesy Prof. Douglas Laycock on one of Marci Hamilton's earlier efforts:

"Occasional errors are inevitable, but here the extraordinary number of errors, often with reference to famous cases and basic doctrines, implies a reckless disregard for truth. I document these errors for a reason. No one should cite this book. No one should rely on it for any purpose …

Its many footnotes offer the patina of scholarship, but there is no substance of scholarship. This book is unworthy of the Cambridge University Press and the Benjamin N. Cardozo School of Law."


Tom Van Dyke said...

Hilarious. The left-leaning Laycock is now under academic assault from his left.

http://overlawyered.com/2014/05/student-activists-hit-prof-douglas-laycock-foia/

Prof. Douglas Laycock of the University of Virginia is among the nation’s leading law-and-religion scholars. Many of his positions on church-state matters would normally be taken for quite liberal; for example, he argued the recent Supreme Court case of Town of Greece v. Galloway on behalf of those objecting to sectarian prayer of any sort before town council meetings. At the same time, as noted on an earlier occasion, Prof. Laycock happens to favor a broad application of religious-accommodation laws such as the federal Religious Freedom Restoration Act of 1993. This has led him to support proposals for state RFRAs with broad definitions, like the one recently vetoed in Arizona, and also to file an amicus brief on behalf of employer Hobby Lobby in Sebelius v. Hobby Lobby.

Now comes the price to pay...