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Religious Freedom: Should the 10 Commandments Be Promoted in Public?

[additional-authors]
May 13, 2012

One of the great debates in America today is over the role of religion in the public sphere. To what extent is the United States government embracing religion? Are we “one nation under G-d?” Most concretely, should religious teachings such as the Ten Commandments be allowed on the walls of courthouses and classrooms?

The question of separation between church and state has long been an important one in America. In Virginia, the Church of England was the established church, and in Massachusetts it was the (Puritan) Congregationalist Church. In England, this split contributed to a bloody civil war. In the colonies, there was a move to eliminate the concept of an established church. In 1763, for example, Virginia patriot Patrick Henry argued in the “Parson’s Case” that parishioners should not have to pay so much to support the established church. While he technically lost the case, Henry persuaded the jurors to award each parson one penny in damages, thus weakening the established church’s hold.

Another Virginian, Thomas Jefferson, played a pivotal role in clarifying the separation of church and state. As author of the Declaration of Independence, Jefferson avoided any Christian terminology, and referred to “Divine Providence” rather than a Christian “G-d.” While he opposed the Constitution, Jefferson did contribute to the push for a Bill of Rights to be added to the Constitution, and the First Amendment begins with an explicit rejection of an established church: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” When he became President, Jefferson emphatically endorsed this separation in a letter to the ” title=”http://en.wikipedia.org/wiki/Religion_in_the_United_States” target=”_blank”>rose to around 15%.

  • In 2009, ” title=”http://religions.pewforum.org/reports” target=”_blank”>2007 Pew Forum on Religion and Public Life data showed that 44% of adults have changed (or dropped) the religious affiliation of their birth.
  • We should take this into account, and acknowledge that the Ten Commandments require serious theological commitments in addition to moral obligations. In addition to maintaining a pluralism of values, we must strengthen religious pluralism. While the Commandments do appear in the Torah twice, the Rambam (responsa 263) opposes the practice of standing in synagogue for the reading of the Ten Commandments, since one might come to think that these teachings are more important than all of the other values in the Torah. Rav Ovadia Yosef (Shu”t Yechave Daat 1:29) accepts this position. Christianity may prioritize these ten, but Judaism is much broader in its commitments. Our religious values cannot adequately be expressed through statues of the Ten Commandments.

    Judaism is a religion of debate, argument, and discussion, not dogma. Putting up statements about commandments flies in the face of celebrating a lived tradition. This is why it was originally prohibited to write down the Oral Torah. It should be spoken about and lived, not put onto the library shelf and archived.

    The Ten Commandments debate should not be viewed as a debate between the religious and the secular. Rather, the truly religious should value religious expression that works, values the dignity of human difference, and celebrates learning and discourse over the posting of plaques.


    Rabbi Shmuly Yanklowitz is the Founder & President of ” title=”http://shamayimvaretz.org/” target=”_blank”>The Shamayim V’Aretz Institute, the Director of Jewish Life & the Senior Jewish Educator at the UCLA Hillel and a 6th year doctoral candidate at Columbia University in Moral Psychology & Epistemology. Rav Shmuly’s book “Jewish Ethics & Social Justice: A Guide for the 21st Century” is now available on ” title=”http://www.thedailybeast.com/galleries/2012/04/02/america-s-top-50-rabbis-for-2012.html#slide40″ target=”_blank”>most influential rabbis in America.

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