Religion and Law

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Date Submitted: 05/23/2013 11:08 AM

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Professor Weiner

Religion and Law 4140

23 May 2013

Religion; The Gateway to Power

Religion is what considered being the belief and worship of a superhuman controlling power, such as a God or Gods.

In the United States religion has always been a precious subject, for the simple matter, it affords constitutional protection. Wenger writes “Over the many decades the boundaries of what counts as “religion” continues to change” (3). In the past religion has often been a gateway argument to many issues provoked in the United States, such as land and sovereignty. And as we know the United States was build on a Christian nation.

The Mormon Question by, Sarah Gordon and We Have a Religion by, Tisa Wenger are two similar books; where both authors elaborates on historic events on how religion has played major roles in making vast decisions in the United States. Both books arouse the infamous question, “What counts as religion?” The books also impose the question of “Power”; is the fight for religion the only argument or is much deeper.

In the Mormon Question the practice of for plural marriage amongst the Mormon religion is the essential argument, “the long and painful conflict over religious liberty, marriage, and law is subject of this book” (6). This conflict was a “gateway” to other arguments such as land disputes. Mormons argued that they reserved the right to religious freedom according to the First Amendment, which addresses the “free exercise” of religion as well separation of church and state (7). Polygamy was considered to be barbaric and degrading to Mormon women. Many Antipolygamists felt it was their Christian duty to save Mormon women and children from the horrors of these practices. In the end the U.S constitution is a secular document, however Polygamy practices would open up many conflicts with the government. In the Reynolds Case of 1878, polygamy would be outlawed. Although, the root of the issue seemed to be about reserving...