Religion and the Law

Within modern American society the meme of a separation of Church and State exists without a doubt; however, there is very little evidence to actually prove that this separation exists, functions as such, or indeed that it ever existed. In the textbooks, popular news outlets and in the political arena religion is supposed to be wholly withheld-expelled in favor of majority rule. However, when we turn our attention to state-managed organizations such as the federal prisons or state forest services or support for military veterans, we find that the lines are blurred.

With an eye to this seemingly ironic phenomenon Winnifred F. Sullivan presented a lecture entitled “Ministries of Presence: Chaplains as Priests of the Secular” at Arizona State University as part of the ASU Center for Religion and Conflict’s lecture series. Excerpted from her upcoming book of the same title, Sullivan considers the oversight, regulation and licensure of religious chaplains within the American Veterans’ Administration, as well several other governmental and on-governmental institutions. In this interview with Chris Duncan (Arizona State University), the discussion centers predominantly on the world in which many chaplains come to find themselves due to a “new kind of religious universalism”; from having to be prepared to minister across the borders of their own religious traditions, as in the case of a Catholic chaplain being required to assist Jewish or otherwise non-Catholic practitioners in a federal prison or a chaplain working with the state of Maine Warden Service. Sullivan asks whether we really have a separation of the Church and the State, how do we insure that everyone’s religious needs are being met within secular institutions like the Veterans’ Administration, and how does the State license and approve of applicants to the chaplaincy- how does, should, could an ostensibly secular federal organization approve or disapprove of religious ministers within its ranks.

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Sullivan is the Department Chair and Professor of Religious Studies at Indiana University Bloomington as well as Affiliate Professor of Law in the Maurer School of Law at the same institution. She holds both a J.D. and a PhD. from the University of Chicago and is the author of  Paying the Words Extra: Religious Discourse in the Supreme Court of the United States (Harvard 1994), The Impossibility of Religious Freedom (Princeton 2005), and Prison Religion: Faith-Based Reform and the Constitution (Princeton 2009).

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