CONVERSATIONS ON JEFFERSON AND JEFFERSONIAN POLITICS
The Wall of Separation Between Church and State
Christian
Where in the Constitution anywhere is there a law on separation of church & state?
July 22, 2001
Eyler Coates
Of course, the simple and obvious answer is, the First Amendment provision -- "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Just as obvious, the exact words "separation of church & state" are NOT a part of that amendment. That is the INTERPRETATION given to the First Amendment by Thomas Jefferson and most observers. Jefferson wrote:
"Believing... 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." --Thomas Jefferson to Danbury Baptists, 1802. ME 16:281
The only question one might have is, Why does the prohibition that Congress should make no law creating an establishment of religion, or prohibiting the exercise of religion, amount to a "wall of separation"? The answer is, the way church and state become integrated is through law. A law may establish a state church and decree that taxes be used to support it. A law may require people to attend church, or to obey a church rule, or even to confess that they believe a church doctrine, such as the Trinity. Those are laws forcing people to act. Similarly, a law may prevent certain kinds of churches from having services, or ministering to their members, or it may prevent persons of certain religious beliefs from doing religious exercises. In the past, laws have existed that did all those things. This is the way church and state unite together in support of one another -- through laws designed by Congress to facilitate that cooporation. Therefore, if Congress is forbidden to make such laws, then there is erected a "wall of separation between church and state." They cannot work together to promote one another. It's as simple as that. ALL churches are free to pursue their religious ends (within the limits of non-religious law, e.g., no human sacrifices please), but they will not be aided by the state nor prevented by the state in their endeavors.
Does the "wall of separation" mean religion may not influence legislation? Of course not! EVERYTHING influences legislation. But it may not influence legislation in order to get itself established through government power, or to forbid the practice of other religions by state edict. This can get pretty sticky when you get down to particulars, but that, essentially, is what the "separation of church and state" is all about. When the Founders wanted every citizen to be able to pursue his own religious beliefs (or non-beliefs) free from coercion, they did it by forbidding Congress to make laws in this area. Thus, church and state coexist, but are entirely separate. And it works! No religious wars in the U.S. The only struggles are from some religions trying to work their mission through the state and to use state power to further their own interests.
July 24, 2001
Cliff McSparran
One must live amongst Southern Baptists and Church of Christers to appreciate the religious attitudes of Jefferson's day. Those people are governed by the very views that Puritans were; that is, "I'm right, and you are wrong, and I will do whatever it takes to change you." They have no respect for others' beliefs. If you doubt me, ask one what he/she thinks of Jews or Roman Catholics. You will have your answer as to why our First Amendment rights as interpreted were, and are, important.
August 2, 2001
George
I would agree with Mr Mc Sparran that religious fanaticism still exists in the United States. Jefferson was brutally savaged by the religious right of his time, the Congregationalists and the Episcopalian ministers particularly. Ironically, Baptists, Quakers, Moravians, and other small Protestant sects were among his largest supporters due to his views on religious liberty and freedom of worship. Sadly, many of these same sects are now of the most intolerant and conservative bent, and would probably consider Mr. Jefferson's views as "heresy." Religious despotism and irrationalism seem to be on the rise in our world. In Afganistan, Saudi Arabia and other Middle Eastern nations it is the norm. In the US it is not as powerful, but it is equally dangerous.
August 3, 2001
Bill Eger
According to the chief of manuscripts at the Library of Congress, who researched Jefferson's papers for an exhibit on religion and the Founding Fathers (back on June 4, 1998), the phrase "wall of separation" between church and state was born of politics, not philosophy, to please partisan supporters and answer critics.
Documnents on display showed that two days after writing the 1802 letter to the Danbury Baptists, Jefferson began attending weekly worship inside the House of Representatives. Jefferson also allowed worship in federal buildings.
"The phrase about the wall doesn't mean much in light of his behavior, does it?" Comment from James H. Hutson, the Library of Congress' chief of manuscripts.
September 26, 2001
George Gori
I totally disagree with the above posting regarding Jefferson and his views on religious liberty. I am at a loss to understand how anyone can think Jefferson was not committed to "separation of church and state." Do we just disregard the Virginia Statute for Religious Freedom, his support of the Bill of Rights which included the First Amendment, his numerous letters and statements regarding the liberty of conscience? Do we disregard the fact that the University of Virginia(founded by him) did not have a professor of Divinity? Do we forget he did not proclaim fast and prayer days as President? Looking at only the Library of Congress information is myopic.
September 26, 2001