From Neutrality To Equality

Aid to religious institution in the American is a key issue of Establishment Clause. The contemporary cases express new development of this problem. This thesis paying close attention to Mitchell V. Helms, finding the meaning of the new principle such as Agositini instead of lemon. The transform indicate switch from neutral to equality. From the perspective of overall development, Aid to religious institutions has change the principle from rigid separation to accommodation, and then transform to equality. The new development is more flexible. It indicates that the standard of subsidy is more concise and more focus on “effects”, no matter whether the subsidy giving to secular affairs or giving to religious affairs.New development of equality is accord with freedom of individual activity, open new train of thought in the aiding of religious institutions. In Mitchell v Helms, The subsidy is giving to wide range of educational institutions, No religious context in the aid, the funding not based on religion. All in all, aid to religious school excluding the identity of the receivers. Judge Tomas insist that: It was unfair to exclude religious institutions of receiving the subsidy, just because it was “pervasive sectarian”. If the government subsidy is based on secular purpose, and the effect is not to stimulate religion and not direct aid to religion activity, it will be constitutional to transform aid to religious schools. That should be wide explanation of establishment clauses.To better understand the new trial principle, need to start from the historical background and development of religion. The most significant feature of contemporary development of American religion is “religious market”. Religion can fulfill the need of the mind, and to be the source of civil cohesion. After the leading status of government, religion serves the government to wide arrangements. Government encourages the development of religion. With the liberalization and the multi-polar of the religion, the authority of religion limited, which decided the two powers, may cooperate extensively.Although there have been a wide explanation of establishment clause, it never exceed the range of the constitutional law. Some scholars such as John Witte, Jr concluded that it should be emphasized the meaning of the “separation of government and religion”. The main road is to broaden it, not depart form it. Equality may be the way to complete the dream. Compared to secular activity, religion should not receive privilege right; government should not respect one sectarian. The cooperation between the two powers based on the constitutional law, and the positive aspect of religion can be fulfilled. The old way of examining which pocket the money put in has been change to focus on the “effect” of the subsidy. And the new principle can treat the different sectarian more equally, so equality safeguards the constitutional law.The article divides into three parts. First of all, introduce the law of establishment clauses.Secondly, analyses Mitchell and other cases of related areas. Inquiring in how changing of judgment principles and the meaning impact the judging of the cases. Compared to other related cases, analyzes the relationship of Mitchell v. Helms and contemporary cases.The third part, America contemporary trial reflect the loosen explanation of the establish clause. Behind the American contemporary religious cases, new development of religion and the relationship between politics and religion become the focus of this analysis. The relationship between politics and religion has from the early religion lead into a government lead. This has change the attitude of government toward religion. In addition, the religion itself has increased to meet the require of human spiritual life, it weakens the authority of religion, followed by an increase in the development of liberalization and diversity.Religion has become the market of consumer goods. Government voluntarily support and encourage the social services provided by religious institution. Government hope to reverse the direction of “personal religion”, instead of encourage religious institution act as social services and spiritual cohesion. Because of changing of religion and the relationship between politics and religion, new loosen principle has developed in the field of funding to religious education.The separation of church and state is facing the easy understanding development, leading government and religion to new extent cooperation. But this change has been restricted to the interpretation of the law, which should not be a breakthrough of the separation of church and state. American government strictly concerned separated from the religious activities, so as to ensure the development of religious equality. In the Mitchell, equality is also reflected in the religious institution and secular institution, which not only broke the previous principal that the government remained neutral in the religion; and opened up legal reason for cooperation between the government and the religion. With the new developments, the funding more convenient.