The Mythical "Wall of Separation":
How a Misused Metaphor Changed Church–State Law, Policy, and Discourse
No metaphor in American letters has had a more profound influence on law and policy than Thomas Jefferson's "wall of separation between church and state." Today, this figure of speech is accepted by many Americans as a pithy description of the constitutionally prescribed church-state arrangement, and it has become the sacred icon of a strict separationist dogma that champions a secular polity in which religious influences are systematically and coercively stripped from public life.
In our own time, the judiciary has embraced this figurative phrase as a virtual rule of constitutional law and as the organizing theme of church-state jurisprudence, even though the metaphor is nowhere to be found in the U.S. Constitution. In Everson v. Board of Education (1947), the United States Supreme Court was asked to interpret the First Amendment's prohibition on laws "respecting an establishment of religion." "In the words of Jefferson," the justices famously declared, the First Amendment "was intended to erect ‘a wall of separation between church and State'...[that] must be kept high and impregnable. We could not approve the slightest breach."
In the half-century since this landmark ruling, the "wall of separation" has become the locus classicus of the notion that the First Amendment separated religion and the civil state, thereby mandating a strictly secular polity. The trope's continuing influence can be seen in Justice John Paul Stevens's recent warning that our democracy is threatened "[w]henever we remove a brick from the wall that was designed to separate religion and government."[1]
What is the source of this figure of speech, and how has this symbol of strict separation between religion and public life come to dominate church-state law and policy? Of Jefferson's many celebrated pronouncements, this is one of his most misunderstood and misused. I would like to challenge the conventional, secular myth that Thomas Jefferson, or the constitutional architects, erected a high wall between religion and the civil government.[2]
Building a "Wall of Separation":
In reality, the "wall of separation" metaphor long predates Thomas Jefferson.
ReplyDeleteChurch state separation is central to America's founding principles and faith heritage. In 1644, Baptist Roger Williams (persecuted by "Christian" colonial theocrats, who considered Baptists heretical) called for a "wall of separation" between church and state. Baptists' "wall of separation" would prevent government from interfering with the free exercise of religion, and prevent government from incorporating religion into governance.
Generations of Baptists were persecuted, and shed blood, in the fight (against colonial theocracies) to separate church and state. Their triumph finally came in the enactment of the First Amendment to the U. S. Constitution, establishing the Baptist vision of a "wall of separation" between church and state.
Deniers of church state separation often respond that the phrase "wall of separation" is not in the U. S. Constitution. Well, neither is the word "Trinity" in the Bible, but most deniers of church state separation probably believe in the Trinity.
More importantly, Christians of the late 18th and early 19th centuries clearly understood that the First Amendment wording - "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" - separated church from state. Their testimony bears much more weight than the fabricated history loved by many modern conservative Christians and politicians.
Make no mistake: denying church state separation mocks our nation's founding principles and faith heritage. Church state separation was good for America in 1791, and it is good for America now. To see the problems of merging church and state, look to the Middle East, where conservative religious law (Sharia Law, based on the biblical Old Testament) rules.
Church state separation is a liberal, and American, moral value of which we all can be proud.
Bruce Gourley
Director
Baptist History & Heritage Society
www.baptisthistory.org
www.wallofseparation.us
By any other label, the principle would remain the same. The phrase "separation of church and state" is but a metaphor to describe the principle reflected by the Constitution (1) establishing a secular government on the power of the people (not a deity), (2) saying nothing to connect that government to god(s) or religion, (3) and, indeed, saying nothing substantive about god(s) or religion at all except in the First Amendment where the point is to confirm that each person enjoys religious liberty and that the government is not to take steps to establish religion and another provision precluding any religious test for public office. That the phrase does not appear in the text of the Constitution assumes much importance, it seems, only to those who may have once labored under the misimpression it was there and, upon learning they were mistaken, reckon they've discovered a smoking gun solving a Constitutional mystery. To those familiar with the Constitution, the absence of the metaphor commonly used to describe one of its principles is no more consequential than the absence of other phrases (e.g., Bill of Rights, separation of powers, checks and balances, fair trial, religious liberty) used to describe other undoubted Constitutional principles.
ReplyDeleteJames Madison, who had a central role in drafting the Constitution and the First Amendment, used much the same phrase to confirm that he understood them to “[s]trongly guard[] . . . the separation between Religion and Government.” Madison, Detached Memoranda (~1820). He made plain, too, that they guarded against more than just laws creating state sponsored churches or imposing a state religion. Mindful that even as new principles are proclaimed, old habits die hard and citizens and politicians could tend to entangle government and religion (e.g., “the appointment of chaplains to the two houses of Congress” and “for the army and navy” and “[r]eligious proclamations by the Executive recommending thanksgivings and fasts”), he considered the question whether these actions were “consistent with the Constitution, and with the pure principle of religious freedom” and responded: “In strictness the answer on both points must be in the negative. The Constitution of the United States forbids everything like an establishment of a national religion.”
The Constitution and particularly the First Amendment embodies the simple, just idea that each of us should be free to exercise his or her religious views without expecting that the government will endorse or promote those views and without fearing that the government will endorse or promote the religious views of others. By keeping government and religion separate, the establishment clause serves to protect the freedom of all to exercise their religion. Reasonable people may differ, of course, on how these principles should be applied in particular situations, but the principles are hardly to be doubted. Moreover, they are good, sound principles that should be nurtured and defended, not attacked. Efforts to undercut our secular government by somehow merging or infusing it with religion should be resisted by every patriot.
Wake Forest University recently published a short, objective Q&A primer on the current law of separation of church and state–as applied by the courts rather than as caricatured in the blogosphere. I commend it to you. http://tiny.cc/6nnnx