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My recent article titled “Debunking the Top Five Myths of the Separation of Church and State” was well received. Many of you were kind enough to tell us how much it helped your thinking about the subject, and some of you have republished it in other venues. Actually, of course, there are more than five. Let’s think about a few more.
Click here to read the rest of this column.
Myth No. 6: Our nation’s Founders were born-again, Bible-believing
evangelical Christians, or they were Enlightenment rationalists who were
dismissive of religion.
Both are wrong as categorical statements. It is dangerous to generalize
about our Founders. We cannot speak in monolithic terms. The Founders
exhibited many views about religion. Some were orthodox Christians, many
were rationalists, others were deists, and maybe an atheist or two
thrown in. What’s more, they were complicated, multi-faceted Renaissance
men of the 18th century, making generalizations even more difficult.
For example, George Washington is often held up as an orthodox Anglican.
But he always spoke in terms of the deistic “Providence” instead of a
personal God and never wrote a word about Jesus. Washington rarely, if
ever, took communion. Thomas Jefferson, on the other hand, is often seen
as a consummate skeptic who took a razor blade to edit the Gospels. But
Jefferson could speak warmly of Jesus and admired his ethical
teachings.
Although most of our Founders came out of the Christian tradition, they
were a mixed lot when it came to their religion. They do not fit neatly
into our 21st century post-denominational religious categories. But we
can say with confidence that they were more committed to ensuring
religious liberty than enshrining their own religion.
Myth No. 7: The separation of church and state is a creation of 19th century anti-Catholic bigotry and 20th century secularism.
This is simply not the case. The concept of church-state separation,
familiar to Baptists for more than four centuries, preceded the 19th
century by a long shot. Even though some may have used it to support
reprehensible bigotry against Catholics, many champions of religious
liberty — including our Baptist ancestors — insisted on separation to
protect religion, all religion, from coercive and corrosive influences
of government. Separationists have opposed the Catholic Church when it
has sought to tap into the public till to support its parochial schools.
But that principled debate on the issues does not support the charge of
bigotry.
Some have argued anti-Catholic animus coalesced with 20th century
secularism resulting in hostility to religion. This is wrong too. Along
with the 18th century Enlightenment rationalists, who wanted separation
for political and philosophical reasons, were Baptists, like John Leland
and Isaac Backus, who worked for separation for reasons having
everything to do with religious liberty. As William Estep so ably told
us in his book, “Revolution within the Revolution,” the First
Amendment’s protections for religious liberty were adopted because of
the support of the so-called “twice born” evangelical dissenters.
Moreover, the word “secular” is a good word, not a bad one. Here I am
not talking about that anti-religious, often atheistic, critique that
would banish religion to the back waters of privatized faith. Rather, I
mean the more friendly form of secularism embraced by many people of
faith who simply believe that government should be non-religious.
Government should not take sides in matters of religion but be neutral
toward religion. We do not need or want a religious government.
Myth No. 8: The religion clauses in the First Amendment apply only to the federal government, not to the states.
It is true the Bill of Rights originally applied only to the federal
government, not to states. It was simply a further limitation on the
already limited powers delegated to the federal government. State
establishments and preferences for religion continued even after 1791.
In fact, Massachusetts did not abolish its Congregationalist
establishment until 1832.
However, the 14th Amendment changed this. It prevents the states from
depriving citizens of due process and equal protection under the law.
The U.S. Supreme Court later interpreted these provisions to
“incorporate” most of the Bill of Rights and apply them to the states.
The Free Exercise Clause was incorporated in 1940 and the Establishment
Clause in 1947. Thus, the religion clauses — and therefore the concept
of church-state separation — apply to the states as a matter of federal
constitutional law.
A related argument has been advanced, notably by Supreme Court Justice
Clarence Thomas, that sees the Establishment Clause as a federalism
provision. This wrong-headed notion argues that the clause provides
little, if any, substantive protection against government advancement of
religion; it simply prevents the federal government from interfering
with state establishments. This understanding of the Establishment Clause, taken to its logical conclusion, would permit 50 different state establishments
as far as the federal law is concerned. Thankfully, this argument
continues to be an outlier, but, unfortunately, it is gaining some
strength. My friend Ellis West, University of Richmond professor
emeritus, has a new book that should be helpful on this issue titled
“The Religion Clauses of the First Amendment: Guarantees of States’
Rights?”
Got some more myths that need debunking? If you do, let me know. And stay tuned.
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