*35.* _Religious Tests._—The constitution of the United States provides
that “no religious test shall ever be required as a qualification to any
office or public trust under the United States.”(61)
*36.* _Test Oath, Attainder._—No test oath of any kind, whether religious
or otherwise, can be required of a citizen of the United States. Therefore
the test oath of Congress requiring an officer to swear that he never
voluntarily bore arms against the United States, was held
unconstitutional. Exclusion from any vocation on account of past conduct
is punishment and contrary to the constitution on the subject of bills of
attainder.(62) But there is a limitation to this rule to prevent the open
violation of the laws of the United States or any State under the cloak of
religion.(63)
*37.* _Establishment of Religion, Free Exercise._—The first amendment to
the United States constitution provides that “Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise
thereof.”
*38.* _Sovereignty, States, Bigamy._—The courts have held that this
provision applies to Congress only, and can not be construed to interfere
with the sovereignty of the several States; that the constitutional
guarantee of religious freedom was not intended to prohibit legislation
against polygamy; and that section 5352 of the United States Revised
Statutes against bigamy, is constitutional. Also, that on a trial for
bigamy in Utah, a man who was living in polygamy was not competent to
serve as a juror.(64)
*39.* _Church of the Latter-Day Saints._—In 1851 the assembly of the
so-called State of Deseret, which subsequently became the territory of
Utah, incorporated “the Church of the Latter-Day Saints.” In 1887 Congress
repealed the act of incorporation and abrogated the charter, which the
Supreme Court held was within its plenary powers. The pretense of
religious belief can not deprive Congress of the power to prohibit
polygamy and all other open offenses against the enlightened sentiments of
mankind.(65)
*40.* _Crime, Religion._—The law prohibiting any person who is a
polygamist or bigamist, or who teaches, advises, counsels, or encourages
the same, from holding any office of honor, trust, or profit, is
constitutional; and a crime is none the less so, nor less odious, because
it is sanctioned by what any particular sect may designate as religion. A
state has the right to legislate for the punishment of all acts inimical
to the peace, good order, and morals of society.(66)
*41.* _Donation, Hostile, Religion._—On the other hand the United States
Supreme Court declared the legal right of donees of a college to make as a
condition of the donation that all ecclesiastics, missionaries, and
ministers of any sort, should be excluded from holding any station of duty
in the college or even visiting the same. The condition being only
negatively derogatory and hostile to the Christian religion, did not make
the devise for the foundation of the college void.(67)
*42.* _Christian Scientist._—A law requiring a person to be a physician to
treat the sick, is constitutional; and the defense of a person who has no
license to practise, that he is a Christian Scientist, is not good. Also,
a parent must furnish a doctor for his sick child, notwithstanding that he
believes in prayer cure.(68)
*43.* _Protestant._—In the early days, under the constitution of the
State, the courts of Massachusetts practically held that the Protestant
religion was the religion of that State.(69) Also, the constitution of New
Hampshire referred to different Christians, and the court in construing
the terms “Roman Catholic” and “Protestant,” held that any one who did not
assent to the truth of Christianity as a distinct system of religion,
could not be classed as either. The court stated that Mohammedans, Jews,
pagans, and infidels, are neither “Catholics” nor “Protestants.” The term
“Protestant,” as used in the constitution of New Hampshire, includes all
Christians who deny the authority of the Pope of Rome. When the children
of Protestant parents renounce that religion, and voluntarily accept
another, they cease to be Protestants.(70) At present under the
constitution of New Hampshire, the legislature may authorize towns or
parishes to provide for the support of Protestant ministers.(71)
*44.* _Hospitals, Sisters, Appropriation._—In 1864, Providence Hospital,
of Washington, was incorporated by an act of Congress, for general
hospital purposes. In 1897, $30,000 was appropriated for the District of
Columbia to put up two isolation buildings in connection with two
hospitals in that city, to be operated as a part of such hospitals.
Providence Hospital was selected as one, and because it was in charge of
Sisters of the Roman Catholic Church, the right of Congress to make the
appropriation was disputed. Among other things, Judge Peackham says:
“Whether the individuals who compose the corporation under its charter
happen to be all Roman Catholics, or all Methodists, or all Presbyterians,
or Unitarians, or members of any other religious organization, or of no
organization at all, is of not the slightest consequence with reference to
the law of its corporation, nor can the individual beliefs upon religious
matters of the various incorporators be inquired into.” The appropriation
was “for two hospital buildings to be constructed in the discretion of the
commissioners of the District of Columbia on the grounds of two hospitals
and to be operated as a part of such hospitals.”(72)
*45.* _Constitution, Rights._—The provisions in the constitution do not in
any way interfere with property rights obtained by a church organization
prior to its adoption.(73)
*46.* _Aid, Contracts._—Under the constitution of the United States,
Congress cannot make appropriations for nor give aid to any denomination.
Also, similar provisions are in many of the constitutions of the States.
However, many cases arise out of contracts which border upon these various
rules, and in some States the constitutional provision of the State is
such that the State Legislature may legislate concerning religion and give
certain aid and support thereto. Paying rent to a congregation for a
school-room is not an appropriation or aid to a church contrary to the
constitution.(74)
*47.* _Protestant Teacher, Tax._—Formerly every parish in Massachusetts
was obliged to elect and support a Protestant teacher, and might erect
churches and parsonages. To provide the expenses thereof, a tax might be
assessed upon the polls of the inhabitants.(75) Until 1890 New Hampshire
permitted a tax to be levied in towns for religious purposes. It is still
legal under the New Hampshire constitution to tax the inhabitants for the
purpose of supporting Protestant teachers, but not to support a teacher of
any other denomination.(76) A section of land in every township in Ohio
was set apart for religious societies, in which they all shared
equally.(77) Vermont had a similar provision.(78)
*48.* _Office, God._—The constitutions of Arkansas, Mississippi, North
Carolina, South Carolina, and Texas, prohibit a man from holding office
who denies the existence of a Supreme Being; and the constitutions of
Delaware, Maryland, Kentucky, and Tennessee, make all clergymen ineligible
to hold a civil office.(79)
*49.* _Religious Liberty, Bible, Religious Garb, Wages._—The authorities
are not uniform as to what constitutes a violation of religious liberty.
The question of whether the reading of the Bible in the public schools is
a violation of the constitution, is an open one in some States and in
others the courts have passed upon it, some holding that it is a violation
of the constitution,(80) and some holding that it is not.(81) The weight
of authority seems to permit the reading of the “King James” Bible,(82)
and where portions only are read, as in “reading books” prepared for
school work, or where the children are not obliged to be present during
the exercises, the cases seem to be unanimous that it is not a violation
of the constitution.(83) In Pennsylvania the court held that while Sisters
in their religious garb might be teachers in the public schools, they
could not give instruction in the Catholic religion at the schoolhouse
before or after school hours, or at any other time use the school building
for religious purposes. Also, in Wisconsin the court decided that while a
portion of a parochial school building might be leased for public school
purposes and the Sisters be employed therein as teachers, religious
exercises and instructions could not be given in such leased premises.(84)
In New York it was held not only that Sisters could not wear their
religious garb or pray in school, but that they could not collect wages
for teaching.(85)