The Intersection of Religion and Politics: Some Issues for Campaign 2012

The Intersection of Religion and Politics: Some Issues for Campaign 2012 January 21, 2012

By Joel K. Goldstein

The presidential campaign season has certainly begun, the playoffs, if not yet the World Series, of American politics, and that reality brings with it the perennially vexing issues of the relationship between religion and politics.  I say “perennially” because the problem has long roots in American history.  It is “vexing” because some of the questions juxtapose important principles and do not lend themselves to simple solutions.  I say “issues” because the relation between religion and politics raises multiple questions.  First, there is the issue of the extent to which a candidate’s religious affiliation should be a factor in his or her candidacy, an issue which itself arises in multiple ways.  Second, there is the issue regarding the extent to which religious teachings and beliefs can properly influence political discourse.  Third, there is the use of religious issues as wedge issues.  Finally, there is the issue of the extent to which it is helpful for Jews or another religious group to associate or appear to be identified with one party or the other or to be viewed as a voting bloc.  All of these issues have arisen or will arise during the next 356 days.  This morning I want to make some preliminary comments about the first two issues—the relevance of a candidate’s religious affiliation and the role of religious teachings in public discourse.

These are not issues the Constitution resolves, either because, in some cases, constitutional law does not speak directly to them or because they arise in a forum where the remedies, if any, are political not legal.  Yet the Constitution does contain three clauses regarding the relationship between religion and state and those clauses suggest some general principles to inform thought.  In the Oath Clause, the Constitution provides that “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”  And the First Amendment presents two relevant clauses.  It provides that “Congress” (and by interpretation federal and state government generally) “shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”  
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