[soc.religion.christian] Protection of Church from State

max@mthvax.cs.miami.edu (Max Southall) (08/16/90)

The phrase "separation of church and state" is somewhat of a misnomer,
for those words are not found in the constitutional documents.

Rather, the first amendment reads:

 "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."

The first amendment was a tacit recognition by a responsible state that
there are moral limits to the exercise of power. By refusing civil authorities
the regulation of religion, the state conceded that there is a standard
beyond itself by which its actions can be judged. That principle was central
to the earlier Declaration of Independence.

Properly understood, then, "separation" prevents the state from 
appropriating a church in order to establish its own compulsory civil 
religion. The state must not have an official church as its handmaiden, 
putting a religious gloss on its policies, imputing to its decrees an 
absolute moral authority they may not have.

The founding fathers of the American nation were enormously concerned
with the free exercise of individual religious conscience in both public
and private life. It is no accident that the constitutional framers
linked religious liberty with other primary freedoms in their first
amendment. Religious conviction had been seen to have remarkable
relevance to the conduct of human affairs, and it was their clear intent
to protect these codependant liberties in the Bill of Rights.

History had shown that civil and religious liberties must always be
coexistent, with the abridgement of the one leading inexorably to the 
extinction of the other. With foresight sharpened by recent experience, 
the constitutional congress justifiably feared the encroachment of the 
new state upon these liberties.  Many were troubled by memories of religious 
persecution in European states.  Those states had often declared themselves  
ultimate moral and spiritual arbiters by establishing ersatz state-run 
churches with the civil authorities at their head.

By enshrining a philosophy of religious and political freedom in a primal
political document, it was hoped to forestall any such infringement.

Thus, the more recent expansion of government authority into areas previously
reserved for individual and family responsibility has required a corresponding
shift in interpretation of the Bill of Rights. The Bill reserves all powers
not explicitly stated to be held by the people, but the trend in both
legislature and judiciary has been a mitigating one, in favor of the state.

The peculiar connotation that has become attached to Jefferson's phrase
in a private letter, "separation of church and state," is thus a more recent,
justifying one. It has extended a pragmatic political concept, the separation of
powers among the Congress, Executive and Judiciary, into an untravelled
moral jurisdiction, demanding recognition of the state as co-equal with God.

Under this transitional interpretation, separation still did not imply 
hostility between civil government and religion, but cooperation under a 
framework similar to the division of political institutions. But it created 
a weakened understanding of the protections envisioned in the first amendment, 
with the consequence of lack of effective restraint on any of the state's 
future ambitions.

That made it perhaps inevitable that "separation" should eventually come to
mean the supremacy of the state over religion, and then the abolition
of religion altogether from every area where the state desires to extend its 
power.

In an era when a great threat to individual liberty is the pervasive
growth of state control over every aspect of life, it is not surprising that
the idea of "separation of church and state" is distorted in the service of
releasing the state from the last restraint on its exercise of absolute
power.

If we insist upon using the phrase, we should bear in mind that it  
never means that individuals in public or private life are to be barred 
from acting according to Christian conscience.

--
Max Southall - mthvax!mamia!max - max@mamia.UUCP
M/A Technologies, Miami FL