Ceremonial deism
Encyclopedia
Ceremonial deism is a legal term used in the United States
for nominally religious statements and practices deemed to be merely ritual and non-religious through long customary usage. Proposed examples of ceremonial deism include the reference to God introduced into the Pledge of Allegiance
in 1954, and the phrase "In God We Trust
" on U.S. currency.
The term was coined in 1962 by the then-dean of Yale Law School
, Eugene Rostow
, and has been used since 1984 by the Supreme Court of the United States
to assess exemptions from the Establishment Clause
of the First Amendment
to the U.S. Constitution
.
opinion is in Justice Brennan
's dissenting opinion in
In Justice O'Connor
, concurring in the opinion, invoked the term in her analysis of the nature of the phrase "under God" in the Pledge of Allegiance
, saying in part
Professor Martha Nussbaum
at the University of Chicago Law school stated, "'Ceremonial Deism' is an odd name for a ritual affirmation that a Deist would be very reluctant to endorse, since Deists think of God as a rational causal principle but not as a personal judge and father."
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
for nominally religious statements and practices deemed to be merely ritual and non-religious through long customary usage. Proposed examples of ceremonial deism include the reference to God introduced into the Pledge of Allegiance
Pledge of Allegiance
The Pledge of Allegiance of the United States is an expression of loyalty to the federal flag and the republic of the United States of America, originally composed by Christian Socialist Francis Bellamy in 1892 and formally adopted by Congress as the pledge in 1942...
in 1954, and the phrase "In God We Trust
In God We Trust
"In God We Trust" was adopted as the official motto of the United States in 1956. It is also the motto of the U.S. state of Florida. The Legality of this motto has been questioned because of the United States Constitution forbidding the government to make any law respecting the establishment of a...
" on U.S. currency.
The term was coined in 1962 by the then-dean of Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
, Eugene Rostow
Eugene V. Rostow
Eugene V. Rostow , influential legal scholar and public servant, was Dean of Yale Law School, and served as Under Secretary of State for Political Affairs under President Lyndon B...
, and has been used since 1984 by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
to assess exemptions from the Establishment Clause
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
to the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
Usage by the Supreme Court
The first use of the term in a Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
opinion is in Justice Brennan
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
's dissenting opinion in
...I would suggest that such practices as the designation of "In God We TrustIn God We Trust"In God We Trust" was adopted as the official motto of the United States in 1956. It is also the motto of the U.S. state of Florida. The Legality of this motto has been questioned because of the United States Constitution forbidding the government to make any law respecting the establishment of a...
" as our national motto, or the references to God contained in the Pledge of AllegiancePledge of AllegianceThe Pledge of Allegiance of the United States is an expression of loyalty to the federal flag and the republic of the United States of America, originally composed by Christian Socialist Francis Bellamy in 1892 and formally adopted by Congress as the pledge in 1942...
to the flag can best be understood, in Dean RostowEugene V. RostowEugene V. Rostow , influential legal scholar and public servant, was Dean of Yale Law School, and served as Under Secretary of State for Political Affairs under President Lyndon B...
's apt phrase, as a form a "ceremonial deism," protected from Establishment Clause scrutiny chiefly because they have lost through rote repetition any significant religious content. [emphasis added, citations omitted]
In Justice O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
, concurring in the opinion, invoked the term in her analysis of the nature of the phrase "under God" in the Pledge of Allegiance
Pledge of Allegiance
The Pledge of Allegiance of the United States is an expression of loyalty to the federal flag and the republic of the United States of America, originally composed by Christian Socialist Francis Bellamy in 1892 and formally adopted by Congress as the pledge in 1942...
, saying in part
There are no de minimisDe minimisDe minimis is a Latin expression meaning about minimal things, normally in the locutions de minimis non curat praetor or de minimis non curat lex .In risk assessment it refers to a level of risk that is too small to be concerned with...
violations of the ConstitutionUnited States ConstitutionThe Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
– no constitutional harms so slight that the courts are obliged to ignore them. Given the values that the Establishment ClauseEstablishment Clause of the First AmendmentThe Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
was meant to serve, however, I believe that government can, in a discrete category of cases, acknowledge or refer to the divine without offending the ConstitutionUnited States ConstitutionThe Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. This category of "ceremonial deism" most clearly encompasses such things as the national motto ("In God We TrustIn God We Trust"In God We Trust" was adopted as the official motto of the United States in 1956. It is also the motto of the U.S. state of Florida. The Legality of this motto has been questioned because of the United States Constitution forbidding the government to make any law respecting the establishment of a...
"), religious references in traditional patriotic songs such as The Star-Spangled BannerThe Star-Spangled Banner"The Star-Spangled Banner" is the national anthem of the United States of America. The lyrics come from "Defence of Fort McHenry", a poem written in 1814 by the 35-year-old lawyer and amateur poet, Francis Scott Key, after witnessing the bombardment of Fort McHenry by the British Royal Navy ships...
, and the words with which the Marshal of this Court opens each of its sessions ("God save the United States and this honorable Court"). These references are not minor trespasses upon the Establishment ClauseEstablishment Clause of the First AmendmentThe Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
to which I turn a blind eye. Instead, their history, character, and context prevent them from being constitutional violations at all. [emphasis added, citations omitted]
Professor Martha Nussbaum
Martha Nussbaum
Martha Nussbaum , is an American philosopher with a particular interest in ancient Greek and Roman philosophy, political philosophy and ethics....
at the University of Chicago Law school stated, "'Ceremonial Deism' is an odd name for a ritual affirmation that a Deist would be very reluctant to endorse, since Deists think of God as a rational causal principle but not as a personal judge and father."
See also
- American civil religionAmerican civil religionAmerican civil religion is a term coined by sociologist Robert Bellah in 1967. The article in which the term is coined, "Civil Religion in America", sparked one of the most controversial debates in United States sociology. Soon after the paper was published, the topic became the major focus at...
- Civil religionCivil religionThe intended meaning of the term civil religion often varies according to whether one is a sociologist of religion or a professional political commentator...
- DeismDeismDeism in religious philosophy is the belief that reason and observation of the natural world, without the need for organized religion, can determine that the universe is the product of an all-powerful creator. According to deists, the creator does not intervene in human affairs or suspend the...
- Separation of church and stateSeparation of church and stateThe concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....