I've heard Christians struggle with this concept. They think prayer should be allowed at a school graduation ceremony, but when another person invokes "separation of church and state", the Christian backs down. They don't feel they can argue with the Constitution of the United States.
That is the first misconception. The phrase "separation of church and state" itself does not appear in the United States Constitution. The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
Their intent was that there be no "Church of America" that every citizen had to belong to and had to pay taxes to support.
So where did this phrase come from?
The phrase "wall of separation between the church and the state" was originally coined by Thomas Jefferson in a letter to the Danbury Baptists on January 1, 1802. His purpose in this letter was to assuage the fears of the Danbury, Connecticut Baptists, and so he told them that this wall had been erected to protect them. The metaphor was used exclusively to keep the state out of the church's business, not to keep the church out of the state's business.
Thomas Jefferson NEVER intended that the government use his words to push religion out of every public forum.
So clearly did Jefferson understand the Source of America's inalienable rights that he even doubted whether America could survive if we ever lost that knowledge. He queried:
And can the liberties of a nation be thought secure if we have lost the only firm basis, a conviction in the minds of the people that these liberties are the gift of God? That they are not to be violated but with His wrath?
Jefferson believed that God, not government, was the Author and Source of our rights and that the government, therefore, was to be prevented from interference with those rights.
Very simply, the "wall" of the Danbury letter was not to limit religious activities in public; rather they were to limit the power of the government to prohibit or interfere with those expressions.
Yet it is understandable that modern Christians are unsure of the meaning of this phrase. Our Supreme Court has taken the phrase and applied it antithetically to it's intended meaning.
Lee v. Weisman, 505 U.S. 577 (1992), was a case where the Mr. Lee, principal of Nathan Bishop Middle School in Providence, Rhode Island, invited a Jewish rabbi to deliver a prayer at the 1989 graduation ceremony, the parents of student Deborah Weisman requested a temporary restraining order seeking to bar the rabbi from speaking. The case went to the U.S Supreme Court.
The Weismans won the case. In the majority opinion of the U.S. Supreme Court preserved previous Supreme Court precedents that sharply limited the role that religion could play in the nation's public schools, based on the Establishment Clause(Congress shall make no law respecting an establishment of religion).
Justice Scalia wrote a dissenting opinion on this case:
"In holding that the Establishment Clause prohibits invocations and benedictions at public school graduation ceremonies, the Court - with nary a mention that it is doing so - lays waste a tradition that is as old as public school graduation ceremonies themselves, and that is a component of an even more longstanding American tradition of nonsectarian prayer to God at public celebrations generally. As its instrument of destruction, the bulldozer of its social engineering, the Court invents a boundless, and boundlessly manipulable, test of psychological coercion..." 505 U.S. 577, 632.
Another example of the Supreme Court applying this phrase incorrectly is when the Supreme Court struck down Ten Commandments displays in courthouses, holding that two exhibits in Kentucky crossed the line between separation of church and state because they promoted a religious message.
This is an INCORRECT APPLICATION of this phrase!
I agree with statements by Republican presidential candidates Rick Santorum and Ron Paul. I am thankful there are people who will stand up for the truth and for the intended meaning of the phrase used by our founding fathers.
"I don't believe in an America where the separation of church and state are absolute," he told 'This Week' host George Stephanopoulos. "The idea that the church can have no influence or no involvement in the operation of the state is absolutely antithetical to the objectives and vision of our country...to say that people of faith have no role in the public square? You bet that makes me want to throw up."
Rick Santorum
"Through perverse court decisions and years of cultural indoctrination, the elitist, secular Left has managed to convince many in our nation that religion must be driven from public view. The justification is always that someone, somewhere, might possibly be offended or feel uncomfortable living in the midst of a largely Christian society, so all must yield to the fragile sensibilities of the few. The ultimate goal of the anti-religious elites is to transform America into a completely secular nation, a nation that is legally and culturally biased against Christianity.
The notion of a rigid separation between church and state has no basis in either the text of the Constitution or the writings of our Founding Fathers. On the contrary, our Founders’ political views were strongly informed by their religious beliefs. Certainly the drafters of the Declaration of Independence and the Constitution, both replete with references to God, would be aghast at the federal government’s hostility to religion. The establishment clause of the First Amendment was simply intended to forbid the creation of an official state church like the Church of England, not to drive religion out of public life.
The Founding Fathers envisioned a robustly Christian yet religiously tolerant America, with churches serving as vital institutions that would eclipse the state in importance. Throughout our nation’s history, churches have done what no government can ever do, namely teach morality and civility. Moral and civil individuals are largely governed by their own sense of right and wrong, and hence have little need for external government. This is the real reason the collectivist Left hates religion: Churches as institutions compete with the state for the people’s allegiance, and many devout people put their faith in God before their faith in the state. Knowing this, the secularists wage an ongoing war against religion, chipping away bit by bit at our nation’s Christian heritage."
Ron Paul, December 30, 2003
1. Separation of church and state is a bedrock principle of our Constitution much like the principles of separation of powers and checks and balances. In the Constitution, the founders did not simply say in so many words that there should be separation of powers and checks and balances; rather, they actually separated the powers of government among three branches and established checks and balances. Similarly, they did not merely say there should be separation of church and state; rather, they actually separated them by (1) establishing a secular government on the power of "We the people" (not a deity), (2) saying nothing to connect that government to god(s) or religion, (3) saying nothing to give that government power over matters of god(s) or religion, and (4), indeed, saying nothing substantive about god(s) or religion at all except in a provision precluding any religious test for public office. Given the norms of the day, the founders' avoidance of any expression in the Constitution suggesting that the government is somehow based on any religious belief was quite a remarkable and plainly intentional choice. They later buttressed this separation of government and religion with the First Amendment, which constrains the government from undertaking to establish religion or prohibit individuals from freely exercising their religions. The basic principle, thus, rests on much more than just the First Amendment.
ReplyDeleteThat the phrase "separation of church and state" does not appear in the text of the Constitution assumes much importance, it seems, to some who may have once labored under the misimpression it was there and, upon learning they were mistaken, reckon they’ve discovered a smoking gun solving a Constitutional mystery. To those familiar with the Constitution, the absence of the metaphor commonly used to name one of its principles is no more consequential than the absence of other phrases (e.g., Bill of Rights, separation of powers, checks and balances, fair trial, religious liberty) used to describe other undoubted Constitutional principles.
To the extent that some nonetheless would like confirmation--in those very words--of the founders' intent to separate government and religion, Madison and Jefferson supplied it. Some try to pass off the Supreme Court’s decision in Everson v. Board of Education as simply a misreading of Jefferson’s letter to the Danbury Baptists–as if that were the only basis of the Court’s decision. Instructive as that letter is, it played but a small part in the Court’s decision. Perhaps even more than Jefferson, James Madison influenced the Court’s view. Madison, who had a central role in drafting the Constitution and the First Amendment, confirmed that he understood them to “[s]trongly guard[] . . . the separation between Religion and Government.” Madison, Detached Memoranda (~1820). He made plain, too, that they guarded against more than just laws creating state sponsored churches or imposing a state religion. Mindful that even as new principles are proclaimed, old habits die hard and citizens and politicians could tend to entangle government and religion (e.g., “the appointment of chaplains to the two houses of Congress” and “for the army and navy” and “[r]eligious proclamations by the Executive recommending thanksgivings and fasts”), he considered the question whether these actions were “consistent with the Constitution, and with the pure principle of religious freedom” and responded: “In strictness the answer on both points must be in the negative. The Constitution of the United States forbids everything like an establishment of a national religion.”
2. While the First Amendment undoubtedly was intended to preclude the government from establishing a national religion as you note, that was hardly the limit of its intended scope. The first Congress debated and rejected just such a narrow provision (“no religion shall be established by law, nor shall the equal rights of conscience be infringed”) and ultimately chose the more broadly phrased prohibition now found in the Amendment. During his presidency, Madison vetoed two bills, neither of which would form a national religion or compel observance of any religion, on the ground that they were contrary to the establishment clause. While some in Congress expressed surprise that the Constitution prohibited Congress from incorporating a church in the town of Alexandria in the District of Columbia or granting land to a church in the Mississippi Territory, Congress upheld both vetoes. In keeping with the Amendment’s terms and legislative history and other evidence, the courts have wisely interpreted it to restrict the government from taking steps that could establish religion de facto as well as de jure. Were the Amendment interpreted merely to preclude government from enacting a statute formally establishing a state church, the intent of the Amendment could easily be circumvented by government doing all sorts of things to promote this or that religion–stopping just short of cutting a ribbon to open its new church.
ReplyDeleteIt is important to distinguish between the "public square" and "government" and between "individual" and "government" speech about religion. The constitutional principle of separation of church and state does not purge religion from the public square--far from it. Indeed, the First Amendment's "free exercise" clause assures that each individual is free to exercise and express his or her religious views--publicly as well as privately. The Amendment constrains only the government not to promote or otherwise take steps toward establishment of religion. As government can only act through the individuals comprising its ranks, when those individuals are performing their official duties (e.g., public school teachers instructing students in class), they effectively are the government and thus should conduct themselves in accordance with the First Amendment's constraints on government. When acting in their individual capacities, they are free to exercise their religions as they please. If their right to free exercise of religion extended even to their discharge of their official responsibilities, however, the First Amendment constraints on government establishment of religion would be eviscerated. While figuring out whether someone is speaking for the government in any particular circumstance may sometimes be difficult, making the distinction is critical.
3. Nor does the constitutional separation of church and state prevent citizens from making decisions based on principles derived from their religions. Moreover, the religious beliefs of government officials naturally may inform their decisions on policies. The principle, in this context, merely constrains government officials not to make decisions with the predominant purpose or primary effect of advancing religion; in other words, the predominant purpose and primary effect must be nonreligious or secular in nature. A decision coinciding with religious views is not invalid for that reason as long as it has a secular purpose and effect.
ReplyDeleteThe Constitution, including particularly the First Amendment, embodies the simple, just idea that each of us should be free to exercise his or her religious views without expecting that the government will endorse or promote those views and without fearing that the government will endorse or promote the religious views of others. By keeping government and religion separate, the establishment clause serves to protect the freedom of all to exercise their religion. Reasonable people may differ, of course, on how these principles should be applied in particular situations, but the principles are hardly to be doubted. Moreover, they are good, sound principles that should be nurtured and defended, not attacked. Efforts to undercut our secular government by somehow merging or infusing it with religion should be resisted by every patriot.
Wake Forest University has published a short, objective Q&A primer on the current law of separation of church and state–as applied by the courts rather than as caricatured in the blogosphere. I commend it to you. http://tiny.cc/6nnnx