The Religion Provisions of the Nebraska Constitution: An Analysis and Litigation History

"MASON: The Chinaman who scoffs at your religion; who bows down and worships blocks of wood and stone; and who defiles your temples of Christianity with his blasphemy and who refuses to declare that he is a liege subject of your government—he is to be allowed to exercise the elective franchise....

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Bibliographic Details
Main Author: Patrick, Jeremy (Author)
Format: Electronic Article
Language:English
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Published: Cambridge Univ. Press 2004
In: Journal of law and religion
Year: 2004, Volume: 19, Issue: 2, Pages: 331-396
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Summary:"MASON: The Chinaman who scoffs at your religion; who bows down and worships blocks of wood and stone; and who defiles your temples of Christianity with his blasphemy and who refuses to declare that he is a liege subject of your government—he is to be allowed to exercise the elective franchise. A most dangerous experiment indeed is sought to be interpolated in the very first section of the Bill of Rights.""ESTABROOK: They require a right to build a place wherein they shall maintain their idols, wherein they may worship. I believe it is right because it is in obedience to the fundamental idea, that no man shall be interfered with in the enjoyment of his religion. He shall worship howsoever[,] whethersoever[,] and whensoever he may."—Proceedings of the 1871 Nebraska Constitutional ConventionIn the Nebraska Constitutional Convention of 1871, the debates between Oliver Mason, first Chief Justice of the Nebraska Supreme Court, and Experience Estabrook, first District Attorney of the Territory of Nebraska, were frequent and contentious. The two well-respected delegates squared off over many issues, but arguments over the proper role of religious freedom in the newly made State of Nebraska proved to be the most passionate and heated. Although Mason and Estabrook led the discussion over religion, neither had conventional religious beliefs.
ISSN:2163-3088
Contains:Enthalten in: Journal of law and religion
Persistent identifiers:DOI: 10.2307/3649179