The intersection of church and state in American politics is a curious thing.
Thomas Jefferson spoke of the “wall of separation” between the two entities in a letter to the Danbury Baptists , a committee of Baptist Church leaders in Connecticut in 1803. Jefferson wrote: “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… the legitimate powers of government reach actions only, and not opinions.”
The wall of separation doctrine is not found in the Constitution. So why do we abide by it? After all, isn’t that the job delegated to our public officials, to protect and defend the Constitution?
Why do we bother so much with a phrase taken from a letter written in the 19th century?
Start with the First Amendment (it’s my favorite). The freedoms it guarantees to us are the bedrock of all other rights – freedoms of speech and religion, freedom of the press (which is rather dear to my heart), freedom to petition the government and freedom to assemble.
While all of these rights are spelled out, quite clearly, their application gets a little tricky at times.
The First Amendment’s Establishment Clause prohibits the government from making a law “respecting the establishment of religion.”
The First Amendment also limits laws that affect the free exercise of religious values and beliefs.
However, the Supreme Court has decided that the free exercise of religion may be curtailed if the actions are criminal.
Polygamy, as practiced by the Church of Jesus Christ of Latter-day Saints in the late 19th century, was not protected under the First Amendment merely because it was a religious practice. It must be said the mainstream Mormon church does not condone the practice of polygamy and has not for more than a century.
The use of an illegal drug in religious ceremonies was likewise outside the First Amendment umbrella of protection.
On the other hand, churches, mosques and other religious organizations are considered public charities, and as such, are exempt from taxes.
Religion enjoys a privileged position in our society. The majority of the country practices some religion or another. However, a Pew Research Center poll found that 16 percent of the population is considered to be “unaffiliated” and 4.7 percent practice Judaism, Islam, Buddhism and others, while 78 percent of Americans identify as practicing Christians.
For each Muslim, each Jew, each Hindu in this country, there are 16 Christians. For each atheist or agnostic, there are five.
Yet somehow, according to the social conservatives and the religious right, Christians in this country face unprecedented persecution.
As my fellow State Press columnist Emilee Eaton wrote on Monday, “separation of church and state protects the government from imposing on the church and the church from forcing views on the general population.”
It seems some prefer to cast our “wall of separation” as less of a metaphorical structure and more the equivalent of the Berlin Wall.
It’s a winning strategy, to be sure. You can get a lot of votes out of protecting the majority’s opinion and the majority’s rights.
Reach Savannah at skthoma4@asu.edu
