Separation of Church and State
The phrase "separation of church and state" derives from two main sources. It is NOT in the U.S. Constitution as commonly believed. The First Amendment is the only place that religion is mentioned. This is the entire text of the First Amendment:
"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."
For those of you not familiar with the Constitution, it was formed after much debate. We have some historical record of the debates in the form of the Federalist Papers. I have a link to the Federalist Papers on the left side of my Blog page.
The "separation of church and state" is mentioned in a letter from Thomas Jefferson to the Danbury Baptists. It was not meant to be part of the Constitutional dialogue. Some argue that he wasn't a major contributor to the Constitution. Nevertheless, here is the full text of the letter:
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, and 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 and his God, that he owes account to none other for his faith or his worship, that the legislative 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.
I reciprocate your kind prayers for the protection and blessing of the common Father and Creator of man, and tender you for yourselves and your religious association, assurances of my high respect and esteem.
In "Everson vs The Board of Education" in 1947, a 5-4 ruling was made that has affected society ever since. it's one of the landmark rulings on the subject. In the majority ruling, Justice Hugo Black wrote:
"The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between Church and State.'" 330 U.S. 1, 15-16.
The minority opinion was written by Justice Wiley Blount Rutledge:
"The funds used here were raised by taxation. The Court does not dispute nor could it that their use does in fact give aid and encouragement to religious instruction. It only concludes that this aid is not 'support' in law. But Madison and Jefferson were concerned with aid and support in fact not as a legal conclusion 'entangled in precedents.' Here parents pay money to send their children to parochial schools and funds raised by taxation are used to reimburse them. This not only helps the children to get to school and the parents to send them. It aids them in a substantial way to get the very thing which they are sent to the particular school to secure, namely, religious training and teaching." 330 U.S. 1, 45.
Common sense tells you that Justice Rutledge was correct. To reimburse someone for sending their child to a school of choice in NO WAY represents establishment of a religion. Yet, this belief continues to this day.
And now you know the truth...
