Separation of church and state
Separation of church and state is one interpretation of part of the Establishment Clause of the United States Constitution. The section in question reads "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof....".[1] This phrase is interpreted by judges to mean that all issues regarding the Government and those regarding the Church be kept separate. The bulk of case law supports this interpretation.[2] However, strict-constructionists insist that the constitution must be interpreted verbatim.
Keeping the State from the Church's Influence
Thomas Jefferson first coined the phrase in 1801.[3], in his letter of reply to the Danbury Baptist Association:[4]
- To messers. Nehemiah Dodge, Ephraim Robbins, & Stephen S. Nelson, a committee of the Danbury Baptist association in the state of Connecticut.
- Gentlemen
- The affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist association, give me the highest satisfaction. my duties dictate a faithful and zealous pursuit of the interests of my constituents, & in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.
- Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church & State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.
- I reciprocate your kind prayers for the protection & blessing of the common father and creator of man, and tender you for yourselves & your religious association, assurances of my high respect & esteem.
- Th Jefferson
- Jan. 1. 1802 [1]
The Treaty of Tripoli, drafted during Washington's presidency and ratified by John Adams, states that "The government of the United States of America is not, in any sense, founded on the Christian religion."[5] Many proponents of a Christian America point out that the treaty was superseded by the Treaty of Peace and Amity in 1805 (although the superseding of the treaty does not change John Adams' secular view of the United States).
Separating the Church from the State's Influence
Like many political doctrines, the separation of church & state is a double-edged sword. If religion cannot influence government, nor can government influence religion. Accordingly, churches and religious organizations are kept from government intrusion with the highest deference to ecclesiastical matters. For example, Title VII contains a built-in exception for religious organizations.[6] The provision has been construed to allow churches to handle their ministerial matters without government intrusion in any way.[7] In this sense, separation of church & state is good for the church, as it ensures religious autonomy.
References
- ↑ 1st Amendment of the US Constitution
- ↑ See, e.g. Lemon v. Kurtzman.
- ↑ Religion and the Federal Government, LOC.gov
- ↑ Letter from Thomas Jefferson to the DBA
- ↑ Treaty of Tripoli, Article 11. Ratified in 1796 and again in 1797.
- ↑ 42 U.S.C. 2000(e)-(1).
- ↑ McClure v. Salvation Army.