Tuesday, September 09, 2014
Mandate for the
separation of church and state is in the US Constitution is implied
in the Constitution's First Amendment "Establishment Clause,"
where "Congress shall make no law respecting an establishment of
religion..." has been widely interpreted to mean that the
government should not involve itself in religion in any way,
including providing funds to support religious teaching in public
schools, or allowing organized prayer in activities or facilities
that receive government funds.
The First Amendment's
freedom of religion includes the freedom to refrain from practicing a
religion or having someone else's religious rituals inflicted upon a
person in a public (non-religious) setting.
Cornell University
Annotations on the First Amendment contrasts Justice Joseph Story's
19th-century interpretation of the Establishment Clause, which
discusses the attitude toward Christianity, with Justice David
Souter's 20th-century interpretation, which takes into account the
variety of religious practices (or lack thereof) in the United States
today.
Thomas Jefferson firmly
believed the Constitution should erect a "wall of separation"
between church and state, as he explained in his 1802 letter to the
Danbury (Connecticut) Baptists: "Believing with you that
religion is a matter which lies solely between man and his god, that
he owes account to none other for his faith or his worship, that the
legitimate powers of government reach actions only, and 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 and 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."
In the case Reynolds v.
United States, 98 US 145 (1878), Chief Justice Waite delivered the
opinion of the Court, quoting Jefferson's in the context of a Mormon
polygamy trial, and concluding: "Coming as this does from an
acknowledged leader of the advocates of the measure, it may be
accepted almost as an authoritative declaration of the scope and
effect of the amendment thus secured.
Congress was deprived
of all legislative power over mere opinion, but was left free to
reach actions which were in violation of social duties or subversive
of good order.
"Justice Story
"Probably, at the time of the adoption of the constitution and
of the amendment to it, now under consideration, the general, if not
the universal, sentiment in America was, that Christianity ought to
receive encouragement from the state, so far as was not incompatible
with the private rights of conscience, and the freedom of religious
worship.
An attempt to level all
religions, and to make it a matter of state policy to hold all in
utter indifference, would have created universal disapprobation, if
not universal indignation."
[Cornell Commentary:
"The object, then, of the religion clauses in this view was not
to prevent general governmental encouragement of religion, of
Christianity, but to prevent religious persecution and to prevent a
national establishment."]
Justice Souter
"[Justice Story's] interpretation has long since been abandoned
by the Court, beginning, at least, with Everson v. Board of
Education, in which the Court, without dissent on this point,
declared that the Establishment Clause forbids not only practices
that "aid one religion" or "prefer one religion over
another," but as well those that "aid all religions.""
[Cornell commentary:
"Recently, in reliance on published scholarly research and
original sources, Court dissenters have recurred to the argument that
what the religion clauses, principally the Establishment Clause,
prevent is "preferential" governmental promotion of some
religions, allowing general governmental promotion of all religion in
general.
The Court has not
responded, though Justice Souter in a major concurring opinion did
undertake to rebut the argument and to restate the Everson
position."]
See Related Links to
access the full article. Amendment I "Congress shall make no law
respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to
petition the government for a redress of grievances."
<< Home