Buddhism and Church-State Relations
in the U.S.

by Asayo Horibe

Asayo Horibe is the president of the Buddhist Council of the Midwest. She is a long time member of the Heartland Sangha.

Buddhism has grown over the years and now has practitioners all over the United States and includes individuals from all ethnic origins. The older established centers and temples have large facilities that house a hondo (large room for chanting, dharma talks, funeral and wedding services and meditation practice), a social hall, classrooms, a large kitchen area and quarters for the resident monks or ministers. Newer centers vary in size from a room for meditation only or a 3 or 4 bedroom house converted into a home temple or meditation center.

An early case that involves the First Amendment is the case of U. S. v. Seeger in 1965 when Justice William Douglas agreed with the courts decision exempt-ing three citizens from the draft due to their religious beliefs. In 1940 the Selective Service Training and Service Act ex-empted from combat those men whose religion opposed war. Religion was defined then as Christianity or belief in a Supreme Being. The three citizens were not of the Christian faith. With this case it was then that “religion” was determined as “ultimate concern.” Justice Douglas wrote a concurring opinion that freedom of religion included America's Hindus and Buddhists. Instead of the United States being a nation of Christians, he called it “a nation of Buddhists, Confucians, and Taoists, as well as Christians”.

Freedom of religion was challenged in 1991 when the Vietnamese Buddhist home temple, Chua Lien Hoa, in Orange County was named in a suit in by the Zoning Authority. It was on behalf of Garden Grove residents. This suit was to issue a preliminary and permanent injunction against all activities at the temple. Complaints of traffic congestion, loud chanting and unpleasant odor were received by the local authorities in Orange county. Although an injunction was not filed, a decision was made limiting the activities of home temples. The temple was later set up for judgments regarding zoning regulations in residential areas and specifications obtained from mainline Christian churches parking space regulations. Placing a statue of the Buddha on the front lawn was also under scrutiny. In 1972 in the case of Cruz v. Beto, Cruz was prevented from practicing his religion, Jodo Shinshu Buddhism, while a prisoner incarcerated in a Texas prison. He was prevented from “holding Buddhist services, borrowing Buddhist books and preaching Buddhist truth”. It is documented that “reasonable opportunities must be afforded to all prisoners to exercise the religious freedom granted by the First and Fourteenth Amendments.” It was also noted that Buddhism was established 600 B.C. before Christianity came into this world.

This altar is set up in a living room of a residence that is now home to the Burmese Buddhist Association.