[net.politics] Church/state separation and the first amendment

simard@loral.UUCP (Ray Simard) (05/31/85)

     There seems to be a creeping tendency to interpret the phrase  "separa-
tion of church and state" standing alone, rather than as a short-form refer-
ence for the first amendment, as it is really intended.  There  is  no  such
thing as separation of church and state *per se*, rather there is a specific
set of protections in the amendment, basically saying  that  the  government
shall  neither  require  nor forbid any specific mode of religious practice,
including none at all.  The idea  that  all  things  religious  are  somehow
excluded  from  the purview of government is in no way suggested by the Con-
stitution.

     Consider:

      Religious law           Civil law
      _____________           _________
      Thou shalt not kill     Murder, manslaughter
      Thou shalt not steal    Robbery, larceny, embezzlement, etc.
      Thou shalt not bear
      false witness...	      Perjury


     Would anyone seriouly entertain the idea of repealing our  laws  aginst
murder,  theft  and perjury, and others as well, in the name of church/state
separation?  I think not.

     When regarding the first amendment, let's keep in mind  what  it  says.
It  forbids  the government from regulating or enforcing religious practice,
or the absence of it, and forbids the consideration  of  religious  practice
when  administering  its lawful, legitimate functions.  It does not say that
any vestige of religious origin in a law or regulation renders that  law  or
regulation automatically unconstitutional.

[     I am not a stranger, but a friend you haven't met yet     ]

Ray Simard
Loral Instrumentation, San Diego
{ucbvax, ittvax!dcdwest}!sdcsvax!sdcc6!loral!simard

...Though we may sometimes disagree,
   You are still a friend to me!