Some Usual Two Kingdoms Texts - Concordia University Faculty ...

Some Usual Two Kingdoms Texts - Concordia University Faculty ...

A Two Kingdoms Lens on Religious Liberty and the First Amendment Dr. Russ Moulds Director, The Two Kingdoms Network A version of this content was presented at the ALSS Heartland Summit 2016, Sufficiently Religious: Faithfulness to Scripture and Doctrine in Challenging Times at Concordia University, Nebraska, Oct. 24, 2016. 1 To the user: the materials here offer content and perspectives on the topics of religious liberty, civil rights, and the First Amendment in the context of the Lutheran tradition. The issues are complex and the literature is now large and growing. The Reformations teachings on the two kingdoms provides a nuanced and correspondingly complex framework for assessing the cases and the concepts. These slides can help participants gain an awareness

of some current cases and more than one point of view. Note: some of the slides are drawn from other presentations from the Two Kingdoms Network and may be familiar to the user. 2 Indeed there is need in the secular offices for abler people than are needed in the office of preaching, so it is necessary to get the best young people for this work. For in the preaching office, Christ does the whole thing by his Spirit, but in the worldly kingdom men must act on the basis of reasonwherein the laws also have their origin for God has subjected temporal rule and all of physical life to reason. He has not sent the Holy Spirit from heaven for that purpose. Martin Luther, Sermon on Keeping Children in Schools," LW 46:242. 3

Gods Two Kingdoms: a Very Brief Summary Gods left-hand strategy sustains creation, uses the three temporal estates or arrangements of family, civil order, and religion to keep sin in check and minimize chaos, and promotes as much justice as may be had after Genesis 3. This is the context or Gods setup for his righthand strategy. Gods right-hand strategy intrudes on his lefthand kingdom with his word of promise in Christ in order to come between us and the devil, undo sins hold on the world, deliver us from captivity, restore us to God, and finally put things right between heaven and earth. For more on the two kingdoms go to https://twokingdoms.cune.edu/4 Some Usual Two Kingdoms Texts

Now after John was arrested, Jesus came into Galilee, proclaiming the gospel of God, and saying, The time is fulfilled, and the kingdom of God is at hand; repent and believe in the gospel. Mk 1:14-15 Render to Caesar the things that are Caesars; and to God the things that are Gods. And hearing this, they were amazed, and leaving Him, they went away. Mt 22:21-22 Jesus answered [Pilate], My kingdom is not of this world. If My kingdom were of this world, then My servants would be fighting so that I would not be handed over to the Jews; but as it is, My kingdom is not of this realm. Jn 18:36 Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. Rom 13:1 We must obey God rather than men. Acts 5:29 Put not your trust in princes of men. They die, and their plans die

with them. Ps 146 5 Some Teaser Questions on Sufficiently Religious T ? F 1. For a sincere Muslim student interested in studying with Christians, we would make accommodations for her prayer times at mid-day chemistry class or lunch and late afternoon sports practice. T ? F 2. If our unmarried, non-teaching baseball coach was cohabiting with his girlfriend, we would intervene with a genuine Mt. 18 discipline process and, if need be, remove him for lack of repentance. T ? F 3. Every July 4, every Christian in America should proclaim, Let every person be subject to the governing authorities, for there is no authority except from God, and those that exist have been instituted by God. T ? F 4. Our curriculum clearly instructs our students that in the matters of Roe v. Wade and Obergefell SSM, the law of the land is contrary to Gods word, and that we must obey God rather than men (Acts 5:29). T ? F 5. While we clearly are exempt from transgender accommodation, for an adolescent in identity confusion about gender, we would patiently assist that student, perhaps even trying some various accommodations. T ? F 6. We are as clear and direct about our teaching on divorce as we are about our teaching on SSM, cohabitation, transgender, and abortion.

6 So what is the relationship of Christ with culture? Christ conflicts with culture Christ conforms to culture Christ transcends culture Christ co-exists with culture Christ transforms culture Brief discussion: Christians have considered all of these. Which one tends to describe your perspective on the relationship of the Christian faith and the world? 7 Each of the following examples prompts several possible implications, consequences, parallel cases, and what-ifs which demonstrate why the current judicial, legislative, and regulatory conditions are uncertain and in flux. Take a moment to consider and discuss a few of these cases and

their different possible trajectories. And Moulds is not an expert on all of these cases, though the Two Kingdoms website monitors of them. https://twokingdoms.cune.edu/ 8 Pair 1: Hosanna Tabor, cont. Ministerial Exception Claim Re quires Case-Specific Factual An alysis: In Collette v. Archdiocese of Chica go , (July 29, 2016), an Illinois federal district court refused to dismiss an employment discrimination suit brought by plaintiff who for 17 years was employed as the Director of Worship and Director of Music

at Holy Family Parish in Inverness, Illinois. He was dismissed when it was learned he was planning to marry his same-sex partner. The court is holding that whether plaintiff is a ministerial employee Ministerial Exception Doctrine Bars ADA Claim By Adventist Music Tea cher: In Curl v. Beltsville Adventist School , (Aug. 15, 2016), a Maryland federal district court held that the ministerial exception doctrine applies to prevent a music teacher at a Seventh Day Adventist school from pursuing federal claims under the Americans With Disabilities Act, the Age Discrimination in Employment Act and the Family

and Medical Leave Act. The teacher sued when her contract was terminated because she was unable to return fully to work a number of months after being seriously injured in a fall at work. 9 Pair 2: State-Required Speech and Disclosures Illinois Governor Signs Bill Ame nding Conscience Protections Fo r Health Care Personnel: 6 August, 2016. The new Act requires health care facilities to adopt written protocols and referrals that assure consciencebased objections by medical personnel will not impair patients health. The Illinois Catholic Health Association took a neutral stand on the bill. The Liberty Counsel complains

that the new law forces Christian and pro-life doctors and pregnancy centers to participate in human genocide. New California Law Requires Disclosur e of Title IX Exemptions: Sept. 15, 2016. Gov. Jerry Brown signed S.B. 1146 (full text) into law, requiring religiously affiliated schools that have obtained an exemption from the anti-discrimination provisions of Title IX or Californias Equity in Higher Education Act to publicly disclose that fact. The bill was amended to remove those schools being subject to private law suits and their ineligibility for state grants. The sponsor warned that he would seek to include these sanctions next

year. See also the article in the Atlantic. , Aug. 15, 2016 10 Pair 3: State Regulators on SOGI Laws Massachusetts Agency Says Transgend er Non-Discrimination Can Apply To So me Church Events: Sept. 10, 2016. The Massachusetts Commission Against Discrimination released its its Gender Identity Guidance (full text) setting out the Commissions interpretation of the new law. The Guidance suggests that in some situations, the anti-discrimination ban can apply to churches: Even a church could be seen as a place of public accommodation if it holds a secular event, such as a spaghetti supper, that

is open to the general public. Iowa Civil Rights Commission Interpret s Discrimination Laws and Church Prac tice: July 5, 2016. The ICRR guidelines: Iowa law provides that these [religious liberty]protections do not apply to religious institutions with respect to any religion-based qualifications when such qualifications are related to bona fide religious purpose. Where qualifications are not related to a bona fide religious purpose, churches are still subject to the laws provisions. (e.g. a child care facility operated at a church or a church service open to the public). [Note: the ICRR revised their guidelines after a lawsuit challenged their interpretation, but the suit has still been sustained by the Federal District Court.]

11 Pair 4: Regulators and Courts on SOGI Laws U.S. Comm. on Civil Rights Condemns State Religious Liberty Bills: Apr. 22, 2016. The USCCR report condemns state enactments and proposals protecting religious liberty: Religious freedom is an important foundation of our nation. However, in the past, religious liberty has been used to block racial integration and antidiscrimination laws. Those past efforts failed and this new attempt to revive an old evasive tactic should be rejected as well. The North Carolina and Mississippi laws, and similar legislation proposed in other states, perverts the meaning of religious liberty and perpetuates homophobia, transphobia, marginalizes the transgender and gay community and has no place in our society.

Federal Court Injunction Blocks DOJ Civi l Rights Commission on Transgender Gui delines : Oct. 21, 2016. a Texas federal district court issued a nationwide preliminary injunction preventing the federal government, particularly the Department of Education, from enforcing Guidelines issued earlier this year interpreting Title IX as barring discrimination by schools on the basis of gender identity. In State of Texas v. United States, the court issued an opinion responding to a request for clarification and narrowing of the injunction. The court refused to limit the injunction to the 13 states that are plaintiffs in the lawsuit, saying, A nationwide injunction is necessary because the alleged violation extends

nationwide. 12 Please pardon the cheesy clipart, but these images may (or may not) be what one side of the examples in the pairs implies about the other examples. Talk for a moment about what you perceive is the current condition of religious liberty and civil rights; and which image you tend towardif eitherand why. 13 Pair 5: And now for those Lutherans Wyoming Judge Tried on Ethics Viola Trinity Lutheran v. Pauley Jan 15, 2016. tions This fall, the U.S. Supreme Court (date TBA) Aug. 18, 2016. will hear arguments on whether the In a state supreme court case, Ruth exclusion of churches from an otherwise Neely, a municipal judge, faces a

neutral and secular aid program violates lifetime ban from the judiciary and the Free Exercise and Equal Protection $40,000 in fines for stating to a Clauses when the state has no valid reporter that her Lutheran faith Establishment Clause concern. prevents her from performing sameA favorable decision could open the door sex marriages. The Wyoming to demands by houses of worship of all Commission on Judicial Conduct and sorts for government cash grants, said the Ethics says that that while Neely has ACLU. A church has every right to make a right to private religious beliefs, the improvements to their property but not on court must remove her from office for the taxpayers dime, and that federal violating the code of conduct which constitutional restrictions on government prohibits all state judges from

interference with religion already enables displaying through their words or churches to avoid many taxes: The church actions bias against people on the here wants to have its cake and eat it, too. basis of sexual orientation or other Hmm. Do Lutherans align with Kim Davis (the county clerk for Rowan County, factors. KY) and insist on individual rights when serving in a left-hand kingdom office? 14 Some Issues for Lutheran Education: 1. Sustaining a Lutheran identity as a ministry of the church 2. Calls, church workers, and ministerial exceptions (not hirelings, Jn 10) 3. Ministry of both teaching and care to changing family types 4. Transgender and adol identity development 5. Relationships to athletic associations and other agencies 6. And, of course, the budget Possible Summary: we have an assortment of current perspectives but also some assurance that by being attached to a congregation

or association of congregations and to an historically documented religious body, any immediate dangers are mitigated. This situation could prompt complacenceor a posture of help and influence, putting our vocation to work for church and world in constructive rather than conflictual ways. 15 The early Christians were invited and encouraged by their government and culture to contribute a statue of Jesus to the Pantheon. The Pantheon in Rome They refused. Should they have refused? Were they being culturally proficient? Politically wise as serpents?

Inscription: Marcus Agrippa, son of Lucius, made [this building] when consul for the third time. 16 Two Thoughtful ParticipantsTwo Different Perspectives Now, Iowa is Exhibit A for what is becoming a nationwide contempt in our courts for the First Amendment of our constitution. As Americans and as people of faith, with the protections afforded to us by the constitution, we are tempted to put too much faith in inertia why would a country that has moved in one clear direction suddenly swerve off into another? But other hands are grappling for the wheel and if we dont keep a firm grip, the nation we love will skid out of control in new, dangerous directions. Whats happening in Iowa isnt a fluke or an exception just among the most high-profile examples of the moment of this growing assault on our most cherished freedoms.

The Supreme Court has a long record of generously construing the Free Exercise Clause to accommodate religious practices regardless of their public popularity. While new tension points are always arising, the Justices are likely to continue that trend within the framework of existing laws and jurisprudence. Thus, regardless of who is appointed to fill the seat vacated by the late Justice Antonin Scalia, Americans may reasonably anticipate that their religious beliefs and practices will continue to be protected by the Court, free from the vicissitudes of political controversy. -Alan Sears, CEO and General Counsel for Alliance Defending Freedom -Eric Baxter, Senior Counsel at the Becket Fund for

Religious Liberty (Hosanna Tabor, Hobby Lobby, Little Sisters, etc.) http://www.adflegal.org/detailspages/blog-details/ allianceedge/2016/10/21/in-iowa-the-cyclones-arewhipping-up-a-storm-over-the-first-amendment http://www.scotusblog.com/2016/09/the-courtafter-scalia-neither-left-nor-right-the-enduringprinciple-of-free-exercise/ 17 A View: Historically, the Supreme Court has left the 1st Amend. and its religion clauses largely unaddressed because religion was regarded as private, out of sync (that is, quaint) with an Enlightened republic, and not important to matters of civil and commercial regulation. Reynolds (Mormon polygamy), Myers v. Nebraska (German or

English) and Pierce v. Society of Sisters (parochial or public ed) signal this distancing because the decisions appealed to free speech and 14th Amend. due process of civil rightsnot the religion clauses. A View: Historicallly, the Supreme Court has left the 1st Amend. and its religion clauses largely because, whatever their personal beliefs, Madison, Jefferson, et al, were wellread enough to avoid invention and innovation. In their drafting the 1st Amend., they restored and sustained the historical commitments to both Providence themes (the Bible) and secular individualist themes (Greek philosophy and Roman law). Thus, matters of religion have been and are mostly handled by statutory law such as blue

laws and chaplain ministries because the 1st Amend. made religious liberty a constitutionally settled matter. 18 Some Analysis: (agree, disagree, or revise) 1. By either view, purple or green, we are entering a (another) period of unsettlement that will be re-settled in the democratic marketplace of ideas. 2. And that marketplace is stocked and re-stocked not by the purity of 1st Amendment concepts of speech, religion, the press, assembly, and redress (originalism)but by the way the culture loads and weights those concepts. 3. This is why the Obergefell SSM majority and dissenting opinions are important. 4. Beyond legalizing SSM, Kennedys majority opinion may have set a legal precedent that now makes a particular comprehensive doctrine (worldview) into constitutional law (not just statutory law). This rationale and argument may or may not endure, though the decision will last longer. 5. This particular comprehensive doctrine is the do-no-harm,

greatest-good-for-the-greatest number utilitarian ethics of John Stuart Mill. (Read Kennedys opinion and the dissents.) 19 A Distinction We tend to think that religious liberty is protected by the 1 st Amendment. And a good case can be made for this assuranceit is the 1st Amendment! Hosanna-Tabor is the key example: ministerial exception for church bodies to EEOC and 5th and 14th Amend laws and regulations. However, religious protections have largely been managed by statutory law through the decisions of the citizenry through their representatives and various court rulings on those laws, not though intervention by the Supreme Court 1st Amendment on religious liberty and constitutional law. Those legislative actions can be summarized as RFRAs (Religious Freedom Restoration Act), both federal and state as in the Hobby Lobby case and exemption from ACA birth control, and the Little Sisters of the Poor and Zubik v. Burwell RLUIPA (Religious Land Use and Institutionalized Persons Act of 2000): No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution. 20

Four Legal Tests for Religious Liberty and Civil Rights So how are these Supreme Court precedents and statutory laws adjudicated on a case-by-case basis? Compelling Interest: does govt have cause to intervene and regulate this religious practice? Substantial Burden: does intervention create a serious impediment to this religious practice? Ex: parochial sports team, the athletic assoc., and student self-selected gender Least Restrictive:

has the govt imposed the least burdensome means for remedy? Third Party Harms: does this religious practice create costs or harms to others? 21 Not surprisingly, in response to culture shifts, judicial and political orientations and responses also change. (originalism, constructionism, living constitution, etc.) Judeo-Christian Monotheism: nature and natures God Inclusive Theism: prison accommodations for Muslims, Wiccans, etc. Non-theism, Individualistic Existentialism, Spiritual-but-notreligious, and Nones: At the heart of liberty is the right to define one's own concept of existence, of meaning, of the

universe, and of the mystery of human life. people have organized intimate relationships and made choices that define their views of themselves and their places in society. (Kennedy in Planned Parenthood v. Casey, 1992) 22 So now which image(s)? 23 Problems that jurisprudence may/will soon have to address: 1. Defining religion in an era of spiritual but not religious and nones 2. With the Obergefell SSM decision: another Dred Scott-like and Roe v. Wade-like period of continuous civil discontent and litigation, this time over religious exception, accommodation, and exemption 3. For matters of religion and existential commitments, adjudicating the legal tests of compelling government interests over civil rights and religious liberty substantial burdens to contesting parties

3rd party harms and undue hardships to others when I practice my religion least restrictive means to minimize burdens, harms, and hardships 24 Principles or Personnel? These tests for religious liberty and civil rights are reasonable and sensible. They assist Gods left-hand kingdom with protecting both Christians and non-Christians from fanaticism, extremism, and toxic religion. (Recall Luthers opposition to the radical reformers.) Here may be the concern: These tests all involve judgment calls by the lawyers and judges who participate in our adversarial legal system. When is govt interest compelling? When is a burden substantial? What restrictions are least? And at what point are third parties significantly harmed? Jurisprudence is argued on points of law, but these arguments are driven by values. All of these depend very much on the intuitions of the people making the judgments (Movsesian, 2016). Majority values in a liberal democracy are not static as we have vividly seen. As the core values of those in government change with a changing

culture, the use and judgments of those tests will change. The majority rules, and minority rights will vary with that majority rule. Ultimately, our challenge and task is not legal, it is cultural. 25 Beckwith argues that a significant, influential, and perhaps growing (?) number of juristslaw professors, advocacy lawyers, judgesare no longer educated in or familiar with religious reasoning in the liberal arts. Though this reasoning is thousands of years old, they have never read it. Instead, their perspective on religious argument has been shaped by their irreligious upbringing, the popular press, and their college classes: a crude prescription from God backed up by the threat of hellfire and derived from some claim about special revelation.

Cambridge University Press, 2016 Thus, discourse and argument come in two forms: one is religious, the other is rational. And religious is no longer admissible in the public square. 26 Religious Accommodation: Who Accommodates Who? 1. If the secular rationalist does not understand or recognize broad religious reasoning in the liberal arts, 2. yet aims to enlighten and liberate those others whom he regards as benighted and shackled by their irrational and incoherent views, 3. but instead creates policies to marginalize, isolate, and alienate those traditionalists, 4. then our secular rationalist will find it difficult to liberate the vulnerable members of that dead, wooden tradition 5. and has, himself, enacted an irrational and illiberal campaign that will fail to accomplish his aim to enlighten them. (Or, thats not really his aim.)

(Or, his own comprehensive doctrine, worldview, and creed are not as coherent and rational as he believes.) See also Paul Horowitz, Against Martyrdom: A Liberal Argument for Accommodation of Religion Notre Dame Law Review, Vo.l. 91, No. 4 2016 27 Some resources 28 See the current Issues at https ://issues.cune.edu/ 29 30 Another current example:

31 Overall, a helpful document. Do work through it and share it with your faculty and board. (Downloads free online.) The key message is to get your school documentation up-to-date and congruent with your traditions documents and confessionsand keep your practice congruent with your creed. Or, in Pauls words, dont hold the form of religion, but then deny the power of it (2 Tim. 3:5). Two considerations: 1. Sections dealing with Christian conduct (e.g., p. 27) and Christian discipline (e.g. p. 23-24), while flexible, tend toward pietism and legalism (consider the theological tradition of the ADF). While we may now need to refine our Christian liberty, we also need to keep the Gospel predominant. 2. Admissions Procedures, (6.1 on p. 30) may need some revision. The Code of Conduct approach could be replaced with a Commitment to Confession of Christ, Confession of Sin, and Commitment to Repentance. This will help to avoid trying to codify our sinner/saint relationship with God and with

each other. This is a big deal for Lutherans. 32 What does thisthe two kingdomsmean for us 1. When politics and jurisprudence begin to make explicit existential claims? (These are always implicit.) 2. When politics and jurisprudence go beyond pragmatic and instrumental policy choices? 3. When politics and jurisprudence begin to take utopian tendencies? 4. When govt claims and policies becomes increasingly incongruent with an established biblical teaching? (Beginning- and end-of-life issues? The refugee? Marriage? Our creature-lines?) 5. ______________________________ 33 Widerstand: Luther and the Freedom to Resist Unjust Authority

Matthew Phillips, Ph.D., Associate Professor of History, Concordia University, Nebraska; [email protected] This article examines how the tradition of resistance to unjust laws evolved during the sixteenth century and its relationship to the idea of Christian liberty, both for Luthers time and for today. According to the New Testament, Christians should follow laws established by temporal authorities for the sake of their consciences (Romans 13:17; 1 Peter 2:1920). However, the earliest Christian church began at odds with both Jewish leaders and Roman rulers. The first persecution of the church in Jerusalem led Peter and apostles to proclaim the primary text for Christian resistance to unjust authority: We must obey God rather than men (Acts 5:29). 34 Luther on Cooperation, Resistance, and Rebellion 1. Active participation, cooperation, preservation, and formation of Gods left-hand kingdom as an intentional expression of our vocation, that is, our call to faith and to live out that faith in all parts of lifepersonal, private, familial, community, and the public square. 2. Passive resistance and non-cooperation

3. Active resistance to the point of acting for the temporal and eternal well-being of our neighbor when our not acting will bring them harm (the good Samaritan) ordered to actions by govt authorities to do them harm and even when this active resistance brings persecution and martyrdom. (Daniel, John the Baptist, Jesus, Paul, etc.) But no armed, violent rebellion. This is Gods business, and Luther had a rather peculiar view about how God manages rebellion against tyrants! 35 So what is the relationship of Christ with culture? (cont.) Three Biblical images: we are Exiles: Egypt, Babylon, 1 Peter 1:1, etc. Im but a stranger here Residents: I Peter 2, Jer 29, etc. Hark, the voice of Jesus calling Conquerors: Rom 8:37, 2 Cor 10:4, etc. Onward Christian Soldiers 36

The Two KingdomsAlways in Tension And this is a good thing! This is how the work of ministry gets done. Three kinds of tension: 1. Conflictual (the rubber band breaks) 2. Co-existent (The rubber band tensed) 3. Creative (The rubber band tensed and wound) Which kind of tension? Some examples to consider: The Gospel of Mark Paul and the Empire Luther and the Reformation 19th century public education and Catholic education Science and Religion Same-sex marriage Religious liberty and civil liberties _____________________________ 37 Indeed there is need in the secular offices for abler people than are needed in the office of

preaching, so it is necessary to get the best young people for this work. For in the preaching office, Christ does the whole thing by his Spirit, but in the worldly kingdom men must act on the basis of reasonwherein the laws also have their origin for God has subjected temporal rule and all of physical life to reason. He has not sent the Holy Spirit from heaven for that purpose. Martin Luther, Sermon on Keeping Children in Schools," LW 46:242. 38 Supplemental Slides 39 Neither legalism nor antinomianism: sustaining both the table of duties and the radical grace of the Gospel, using both Law and Gospel to serve ones

neighborrather than serving the law: what Paul and James refer to as the law of love, and what C.S. Lewis refers to as the greater magic of the Father Across the Sea (not the law of the stone table). Luther calls the Gospel the law against the law! Lutheran ethics is not an ethic of rules or of mere situations, but is an ethic of guidance and decision for the double binds when, whichever way we choose, we break one of the commandments. 40 REFORMATION INSIGHTS ON THE GOSPEL 1. The spiritual working in, with, and under the material. 2.

A Biblical anthropology 3. Two words for us: both Law and Gospel 4. Our current condition: simul iustus et peccator 5. Our alien righteousness and proper righteousness 6. God hidden and God revealed 7.

A theology of the cross 8. Our Christian liberty 9. The doctrine of vocation and priesthood of all believers Ten is a convenient, not necessary, number. 10. The two kingdoms doctrine These themes are discussed briefly and at length in various documents at https://twokingdoms.cune.edu/ 41 The Usual Suspects (all of them important): 1. Abortion 2. Same-sex marriage

3. Trans-gender issues 4. Teaching of science in the public schools 5. Trans-human issues: sex robots, exo-skeletons 6. ______________________ Any other usual issues for this list? What other political (polis, Gr., city, of the city or commonwealth) issues are or should Christians be concerned about? 42 Other issues less discussed (Or, no, these also get consideration?) 1. Divorce and divorce laws 2. In vitro fertilization (IVF) and forgotten embryonic persons 3. Immigration: the refugees and the strangers among us (see Ex., Deut., etc.) 4. Poverty: our indigent families and children 5. Capital punishment: pro-life cradle to grave 6. State-endorsed end-of-life laws (Oregon, California) 7. The environment: stewardship of Gods creation 8. Persistent racial injustice: Black lives matter,

unemployment, school-to-prison, etc. 9. ___________________________________ 43 Church and State: Separate But Not Walled This brief list of intersections, less and more significant, can assist us with considering past, present, and changing views about the relationship of the church and civil government and institutions. 1. 2. 3. 4. 5. 6. 7. 8. fire and police protection

church kitchen and health code many church teachers also state certified pastor as agent of the state at marriages military, prison, and police chaplains multiple tax intersections and entanglements health care and same-sex marriage issues inconsistent and evolving litigation 44 The First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 45

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