Jonah Patel
The 'separation of church and state is a legal doctrine in the United States primarily derived from the Establishment Clause of the First Amendment. While the exact phrase separation of church and state does not appear in the US Constitution, the concept is enshrined in the very first freedom guaranteed by the First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. The Fourteenth Amendment to the United States Constitution (Amendment XIV) also plays a role in the separation of church and state, as its due process and equal protection clauses have been used to ensure the application of the rights enumerated in the Bill of Rights to the states.
| Characteristics | Values |
|---|---|
| Amendment | First Amendment, Fourteenth Amendment |
| Text | "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." |
| Clauses | Establishment Clause, Free Exercise Clause |
| Derived Concepts | No coercion in religious matters, no expectation to support a religion against one's will, religious liberty for all religions |
| Interpretation | Citizens are free to embrace or reject a faith, support for religion must be voluntary, all religions are equal in the eyes of the law |
| Landmark Case | Everson v. Board of Education (1947) |
| Interpretation by | Supreme Court Justice Hugo Black |
| Interpretation Wording | "The First Amendment has erected a wall between church and state, which must be kept high and impregnable." |
| Founders' Intent | Preventing government interference with religion, ensuring religious freedom |
| Notable Figures | Thomas Jefferson, James Madison, Roger Williams |
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What You'll Learn
The Establishment Clause
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
The precise definition of "establishment" is unclear. Historically, it meant prohibiting state-sponsored churches, such as the Church of England. Today, what constitutes an "establishment of religion" is often determined using the three-part "Lemon" test set forth by the U.S. Supreme Court in Lemon v. Kurtzman (1971). Under the "Lemon" test, the government can assist religion only if:
- The primary purpose of the assistance is secular.
- The assistance must neither promote nor inhibit religion.
- There is no excessive entanglement between church and state.
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Religious liberty
The concept of religious liberty is enshrined in the First Amendment to the US Constitution, which reads:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
Known as the "establishment clause", this clause prohibits the government from creating an official religion or favouring one religion (or non-religion) over another. The separation of church and state enables all Americans to practice their deeply held beliefs in private and in public. This concept is often credited to the writings of English philosopher John Locke, who argued that the government lacked authority in the realm of individual conscience, which therefore must remain protected from any government authority.
The idea of a "wall of separation" between church and state is often attributed to Thomas Jefferson, who used the metaphor in an 1802 letter to the Danbury Baptist Association. The Baptist community, concerned about their status as a religious minority, wrote to the president expressing their fear of religious persecution. In his response, Jefferson emphasised that the First Amendment's free exercise and establishment clauses built "a wall of separation between church and state". James Madison, another important proponent of the separation of church and state, wrote of a total separation of church and state after retiring from the presidency.
The US Supreme Court has interpreted the First Amendment's religious establishment clause as mandating the separation of church and state. In the landmark case of Everson v. Board of Education (1947), the Court held that the establishment clause is one of the liberties protected by the due process clause of the Fourteenth Amendment, making it applicable to state laws and local ordinances. The Court has also said that states must uphold the principle of religious freedom. In Abington School District v. Schempp (1963), the Supreme Court banned Bible reading and the recitation of the Lord's Prayer in public schools, saying that it violated the First Amendment's establishment clause requiring separation of church and state.
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Free exercise
The First Amendment to the US Constitution contains the "Free Exercise Clause", which reserves the right of individuals to practice any religious belief and engage in religious rituals they choose. The clause protects religious beliefs and some actions made on behalf of those beliefs, as long as they do not conflict with "public morals" or a "compelling" governmental interest. The Free Exercise Clause is commonly identified as the freedom of religion.
The First Amendment reads:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
The First Amendment was initially only applicable to the US Congress. Therefore, state and local governments could abridge the Free Exercise Clause if there was no similar provision in the state constitution. However, in 1940, the Supreme Court held in Cantwell v. Connecticut that the Free Exercise Clause is enforceable against state and local governments. This was achieved by applying the Fourteenth Amendment's due process clause, which prevents any state from denying a person their rights without following laws and fair procedures.
The concept of "separation of church and state" is derived from the First Amendment. While the exact words "separation of church and state" do not appear in the US Constitution, the First Amendment's "Establishment Clause" and "Free Exercise Clause" form the textual basis for the Supreme Court's interpretations of the "separation of church and state" doctrine. The Establishment Clause prohibits the government from establishing a religion or favouring one religion over another.
The metaphor of a "wall of separation between church and state" was first used by Roger Williams, the founder of Rhode Island, who opined that an authentic Christian church would be possible only if there was a "wall or hedge of separation" between the "wilderness of the world" and "the garden of the church". Thomas Jefferson used this metaphor in a letter to the Danbury Baptist Association, emphasising that the First Amendment's Free Exercise and Establishment Clauses together built a "wall of separation between church and state".
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Supreme Court interpretation
The "separation of church and state" is a legal doctrine in the United States primarily derived from the Establishment Clause of the First Amendment. The First Amendment reads:
> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
The two parts of the First Amendment are known as the "establishment clause" and the "free exercise clause", respectively. They form the textual basis for the Supreme Court's interpretations of the "separation of church and state" doctrine. Three central concepts were derived from the First Amendment, which became America's doctrine for church-state separation:
- No coercion in religious matters
- No expectation to support a religion against one's will
- Religious liberty encompasses all religions
In other words, citizens are free to embrace or reject a faith, and support for religion—financial or physical—must be voluntary. All religions are equal in the eyes of the law with no special preference or favoritism.
The Supreme Court has interpreted the First Amendment's religious establishment clause as "separation of church and state". In the landmark case of Everson v. Board of Education (1947), the Supreme Court held that the establishment clause is one of the liberties protected by the due process clause of the Fourteenth Amendment, making it applicable to state laws and local ordinances. In this case, the Supreme Court upheld a state law that provided for public busing to private religious schools. However, the Court also held that the First Amendment establishment clause was fully applicable to the state governments, meaning that the First Amendment has erected a "wall between church and state" that "must be kept high and impregnable".
In Abington School District v. Schempp (1963), the Supreme Court banned Bible reading and the recitation of the Lord's Prayer in public schools, saying that it violated the First Amendment's establishment clause requiring separation of church and state. In Lemon v. Kurtzman (1971), the Court established a three-pronged test for laws dealing with religious establishment. To be constitutional, a statute must have a "secular legislative purpose", its principal effects must neither advance nor inhibit religion, and it must not foster "an excessive government entanglement with religion".
In Epperson v. Arkansas (1968), the Supreme Court considered an Arkansas law that made it a crime "to teach the theory or doctrine that mankind ascended or descended from a lower order of animals". The Court ruled that the Arkansas law violated "the constitutional prohibition of state laws respecting an establishment of religion or prohibiting the free exercise thereof".
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The role of Thomas Jefferson
The concept of the separation of church and state is enshrined in the First Amendment to the US Constitution, which reads:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
While the exact phrase "separation of church and state" does not appear in the Constitution, it was popularised by Thomas Jefferson, who used it in a letter to the Danbury Baptist Association in 1802. In the letter, Jefferson emphasised that the First Amendment's free exercise and establishment clauses together built "a wall of separation between church and state".
Thomas Jefferson played a significant role in shaping the understanding of the separation of church and state in the United States. He is known for his strong support for religious freedom and his belief that the government should not interfere with religion. In his letter to the Danbury Baptists, Jefferson wrote:
> Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions...
Jefferson's views on the separation of church and state were influenced by his experiences with the turmoil of the American colonists as they struggled to combine governance with religious expression. He also witnessed the persecution faced by religious minorities, such as the Danbury Baptists, who were concerned about the dominant position of the Congregationalist church in Connecticut.
In addition to his words, Jefferson's actions also demonstrated his commitment to the separation of church and state. For example, he refused to issue Proclamations of Thanksgiving sent by Congress during his presidency, although he did issue a Thanksgiving and Prayer proclamation as Governor of Virginia. This inconsistency may be explained by his belief that the government should not compel citizens to participate in religious practices, but individuals were free to embrace or reject a faith.
Jefferson's influence on the interpretation of the First Amendment was significant. In the landmark case of Everson v. Board of Education (1947), the Supreme Court cited Jefferson, stating:
> The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.
In conclusion, Thomas Jefferson's ideas and actions played a crucial role in shaping the understanding and interpretation of the separation of church and state in the United States. His metaphor of a "wall of separation" has become a defining feature of the nation's commitment to religious freedom and the principle of a secular state.
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Frequently asked questions
The separation of church and state is a legal doctrine in the United States that prevents the government from establishing an official religion or unduly favoring one religion over another. It is derived from the Establishment Clause of the First Amendment, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof".
One example is the Supreme Court case Everson v. Board of Education (1947), which dealt with a New Jersey law that allowed government funds to pay for the transportation of students to both public and Catholic schools. The Court upheld the state law, but also held that the First Amendment's Establishment Clause applied to state laws and local ordinances, setting a precedent for a broad reading of the clause.
Another example is the Abington School District v. Schempp case in 1963, where the Supreme Court banned bible reading and the recitation of The Lord's Prayer in public schools, saying that it violated the First Amendment's Establishment Clause requiring separation of church and state.
The separation of church and state promotes religious pluralism and allows all Americans to practice their deeply held beliefs in private and public without interference from the government. It also ensures that no individual is punished based on their religious beliefs or practices.
