One of the results of the establishment of the Church of England was the official persecution by use of government force of other religions, especially Jews and Roman Catholics. One of the main reasons that people from Europe settled in the Colonies was to flee the government-imposed Anglican Church.
The people who settled the Colonies and established the United States recognized that a government-imposed religion was contrary to free religious thought. The 1st Amendment that was eventually ratified provides not only for religious freedom, but freedom from this government-imposed religion:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; ...
The first clause became known as the "Establishment Clause" and the second the "Free Exercise Clause."
I raise this issue because I (and others) believe that the imposition of Marxism and Socialism (Marxism "light") in America, constitutes the establishment of a civil religion that is violative of the Establishment Clause.
Is Marxism and/or Socialism a religion? In Malnak v. Yogi, 592 F.2d 197, 212 (C.A.N.J., 1979), a federal District Court in New Jersey raised this very question:
A more difficult question would be presented by government propagation of doctrinaire Marxism, either in the schools or elsewhere. Under certain circumstances Marxism might be classifiable as a religion and an establishment thereof could result.
Unfortunately, the Court did not answer this question. The Court did, however, leave us with this dicta upon which to ponder:
Such signs might include formal services, ceremonial functions, the existence of clergy, structure and organization, efforts at propagation, observation of holidays and other similar manifestations associated with the traditional religions. Of course, a religion may exist without any of these signs, so they are not determinative, at least by their absence, in resolving a question of definition. But they can be helpful in supporting a conclusion of religious status given the important role such ceremonies play in religious life.
Webster’s defines Marxism as:
the political, economic, and social principles and policies advocated by Marx; especially : a theory and practice of socialism including the labor theory of value, dialectical materialism, the class struggle, and dictatorship of the proletariat until the establishment of a classless society "marxism." (Merriam-Webster Online Dictionary. 2009.)
Webster’s defines ‘dialectical materialism’ as:
"the Marxist theory that maintains the material basis of a reality constantly changing in a dialectical process and the priority of matter over mind." (Merriam-Webster Online Dictionary. 2009.)
Because Marxism proclaims that “reality” is “constantly changing” then dialectical materialism is a Marxist theory that promotes an “ultimate reality” (See Rosenberger v. Rector and Visitors of University of Virginia, 515 U.S. 819, 819, (U.S.Va.,1995)) or an “ultimate concern” for believers and followers which occupies a place parallel to that filled by God in traditionally religious persons according to the C.A. 7 in 1994.
A general working definition of religion for Free Exercise purposes is any set of beliefs addressing matters of “ultimate concern” occupying a “ ‘place parallel to that filled by ... God’ in traditionally religious persons.” See Welsh v. United States, 398 U.S. 333, 340, 90 S.Ct. 1792, 1796, 26 L.Ed.2d 308 (1970).
In TOWARD A CONSTITUTIONAL DEFINITION OF RELIGION from the Harvard Law Review 91 HVLR 1056 it is clear that political philosophies can become civic religions.
Even political and social beliefs may be religious. Tillich suggests: “If a national group makes the life and growth of the nation its ultimate concern … [e]verything is centered in the only god, the nation ….” [FN91] This point has been variously made about “civil religion in America,” [FN92] Communism, [FN93] Marxism, [FN94] Nazism, Italian Fascism, and Japanese militarism. [FN95]
[FN91]. P. TILLICH, supra note 66, at 44. [FN92]. Bellah, Civil Religion in America, 96 DAEDALUS 1, 1-9 (1967). See also Cousins, La Politique Comme Religion aux Etats-Unis, in RELIGION ET POLITIQUE: ACTES DE COLLOQUE ORGANISÉ PAR LE CENTRE INTERNATIONAL D'ETUDES HUMANISTES ET PAR L'INSTITUT D'ETUDES PHILOSOPHIQUES DE ROME, JANVIER 3-7, 1978 (forthcoming, 1978).
[FN93]. J. BENNETT, CHRISTIANITY AND COMMUNISM 87-88 (1970). See also J. MURRY, THE NECESSITY OF COMMUNISM (1932) (arguing that Communism is the world's one living religion).
[FN94]. See L. DEWART, THE FUTURE OF BELIEF 56-58 (1966).
[FN95]. See E. SHILLITO, NATIONALISM: MAN'S OTHER
RELIGION (1933).
Is there anyone who would disagree that Marxists believe (1) there is no God, and (2) that people should believe in Marxism rather than in a God? If so, then Marxism certainly qualifies as a "religion." Accordingly, because the people have freedom to believe or not to believe in any particular religion, should we not be free to believe in Marxism or not? I personally would not bemoan the right of a Marxist to believe in Marxism. Otherwise, I would violate the Free Exercise Clause of the 1st Amendment: "Congress shall make no law ... prohibiting the free exercise thereof; ..."
The next question (to be addressed tomorrow) is whether the imposition, by use of government edict, of Marxism upon those of us who do not believe in Marxism would violate the "Establishment Clause."
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