THE STATE OF THE WALL IN MICHIGAN
"We, the people of the State of Michigan, grateful to Almighty God for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this constitution." This version of the preamble to Michigan's Constitution, which first appeared in 1908, serves as an indication of the status of the wall of separation of state and church in this state. Entanglement between religion and Michigan's government certainly exists in many forms, from laws against blasphemy to inclusion of clergy on boards that make decisions for our public schools. The following is a list excerpts from Michigan's Compiled Laws where such entanglement exists.
BLASPHEMY: I included this one first because it demonstrated exactly which religion is favored in the rest of the laws (Both excerpts are part of Act 328 of 1931):
"Any person who shall willfully blaspheme the holy name of God, by cursing or contumeliously reproaching God, shall be guilty of a misdemeanor."
Or, more specifically: .
"Cursing and swearing--Any person who has arrived at the age of discretion, who shall profanely curse or damn or swear by the name of God, Jesus Christ or the Holy Ghost, shall be guilty of a misdemeanor."
SEX EDUCATION: Here are some highlights from the Revised School Code, effective as of Act 451 of 1976:
"...the instruction described in this subsection shall include the teaching of abstinence from sex as a responsible method of preventing unwanted pregnancy and sexually transmitted disease and as a positive lifestyle for unmarried people."
"...A school district shall not offer this instruction unless an advisory board is established by the district board to periodically review the materials and methods of instruction used, and to make recommendations to the district regarding changes in the materials or methods. The advisory board shall consist of parents having children attending the district's schools, pupils in the district's schools, educators, LOCAL CLERGY [emphasis added], and community health professionals." [It should be noted that no criteria exists to select the clergy, and no definition of "clergy" exists in the Revised School Code. It should be further noted that Gary Glenn, president of the American Family Association of Michigan, used this provision of the law to put a stop to a sex education program in Novi.]
OATHS IN COURTS OF LAW: The words "...so help you God" appear in the primary oath of every Michigan law regarding oaths in court. Although an alternative is offered ("or under the pains and penalties of perjury), there should be one secular oath, and no person entering a court of law should have to make it clear that they prefer the non-religious version. After all, Act 236 of 1961 contains the following: No person may be deemed incompetent as a witness, in any court, matter or proceeding, on account of his opinions on the subject of religion. No witness may be questioned in relation to his opinions on religion, either before or after he is sworn." Why, then, are witnesses questioned while they are being sworn in?
ACT OF GOD: Act 451 of 1994 defines "Act of God" as "...an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight." If it's a natural disaster, why not say it's a natural disaster?
FUNDING THE SALVATION ARMY: In the Michigan Vehicle Code, a "Proud to be an American" fund was created. 50% of this fund goes to the Salvation Army, an unmistakably religious organization. This law violates Article 1, section 4 of Michigan's Constitution, which states that "No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary..."
It should be noted here that Article 1, section 4 begins with the following: "Every person shall be at liberty to worship God according to the dictates of his own conscience." It should be reworded: "Every person shall be at liberty to practice his own religion." The next part of this section is sufficient for freedom from religion: "No person shall be compelled to attend, or, against his consent, to contribute to the erection or support of any place of religious worship, or to pay tithes, taxes or other rates for the support of any minister of the gospel or teacher of religion."
RELIGIOUS GRAFFITI: Act 184 of 2001 encourages state agencies and local governments to place "In God We Trust" on public property. This slogan has been challenged three times in federal court, with the Supreme Court refusing to hear the case most recently in 1996. In the 1996 decision, the federal court ruled that the slogan expresses no preference for any god in particular, but is a statement of ceremonial deism. This ruling completely ignores the explicitly Christian origins of the motto; Solomon Chase and James Pollock, two members of the National Reform Association, came up with the motto during Lincoln's presidency. The National Reform Association, since its formation in the 1800s, has worked to amend the United States Constitution to state that the U.S. is a Christian nation.
This slogan has been painted on the floor of the rotunda of Michigan's Capitol, and several communities have begun to post it in public buildings, including Troy, Auburn Hills, Clawson, and Rochester Hills.
NONDISCLOSURE OF CONFESSIONS: According to Act 236 of 1961, confessions made to a "...minister of the gospel, or priest of any denomination whatsoever, or duly accredited Christian Science practitioner..." cannot be disclosed. This law is relevant to the pedophilia scandal in the Catholic church; even if offending clergy confessed to other priests or their superiors, by law, the confession cannot be made known to anyone (at least in Michigan), so it is left to church officials to do something about it. As we have observed, the Church actively covered up the pedophilia, sometimes even placing the offenders in charge of youth groups.
OTHER LAWS: Here is a short rundown of other laws that may be of interest:
-Adultery is a felony. In the case of an unmarried man committing adultery with a married woman, the man is charged.
-Divorced people who cohabitate are subject to the law against adultery.
-Certain businesses, including types from liquor stores to fruit stands, cannot be operated within 2 miles of a church. Roads also cannot be blocked of if they are routes to a church.
-Special approval must be granted in order for a casino to operate within 1000 feet of a church.
-A member of the clergy can file a petition on the behalf of a minor to be emancipated from his parents.
-Ecclesiastical corporations may receive donations of real estate. This means that, without rezoning or any other sort of legal process, a parcel of real estate can become tax-free, which causes the rest of the community where the donation occurs to take up the tax burden.
-Disruption of religious services is a misdemeanor. The wording of the law, though, is: "...any assembly of people met for the worship of God..."
-Ecclesiastical corporations receive special consideration in the application of the laws under the Michigan General Corporation Act.
-Only "ministers of the gospel" may visit prisoners in solitary confinement. This shouldn't be much of an issues for Atheists, since we make up less than a quarter of a percent of the U.S. prison population. Still, special rights are given to prisoners who happen to be religious.
-Faith healers are not subject to laws concerning neglect, Do Not Resuscitate orders, or medical licenses. Point to ponder: if the spiritual healing doesn't work, is it considered malpractice? No--if it doesn't work, it's considered "God's will".
