On separation of Church and
State
by John S. Pinto
|
In the United States, the 'wall of separation between church and state' is considered the holy grail of
politics. For many Americans, this metaphor has supplanted the actual text of the First Amendment to
the U.S. Constitution. Many believe that the First Amendment separated religion and the civil state.
The judiciary has embraced this language as a virtual rule of constitutional law and as the governing
theme of church-state jurisprudence. The church-state separation dialogue has been a part of
western political discourse for many centuries, but only recently has it assumed a prominent position
in American legal and political thought.
The term 'wall of separation between church and state,' was penned by President Thomas
Jefferson in 1802. He was writing to the Baptist Association of Danbury, Connecticut, who felt they
were being denied their right to religious liberty. He supported their right of conscience as an
inalienable right, not merely as a favor granted, and subject to withdrawal by the state. Jefferson's
actual words were that the Connecticut legislature should "make no law respecting the
establishment of religion, or prohibiting the free exercise thereof, thus creating a wall of separation
between Church and State."
The First Amendment, as originaly understood, affirmed that the national government was denied
all power over religious matters. Jurisdiction in such matters was reserved to individuals, religious
societies and state governments. In 1947, the U.S. Supreme Court elevated the wall of separation
language to constitutional doctrine. In 1948, the court substituted Jefferson's figurative language for
the literal text of the First Amendment. The 'prayer in public schools' issue stems from these
decisions. The original intention of the First Amendment was to constrain government. The effect of
the court's decision has been to also restrain religious activity. Another effect has been to censor
private religious expression in the public square and to exclude religious citizens and organizations
from full participation in civic life on the same terms as their secular counterparts. It has also had the
effect of removing the internal religious compass that would prompt citizens to behave in a
disciplined manner. The founders believed that religion and morality were indispensable to social
order and that religious liberty was vital to the very survival of a civil state and civil society. The rhetoric
of separation was used by such elements as the Know-Nothings and the Ku Klux Klan to deny
Catholics, often through violence, entrance into the mainstream of public life. Some of you may
remember that this type of rhetoric was used against John F. Kennedy during his presidential bid.
It is unfortunate that in modern times the First Amendment is being used to restrict religion's place
in political discourse. We must think this through very carefully, especially in view of what is
happening in the Middle East as well as in countries like India and Pakistan.
For more information on this issue, you may read the book by Philip Hamburger titled "Separation
of Church and State."