In recent years, controversy has raged throughout our American judicial system regarding the relationship between church and state.
Appeals are continually made to the "wall of separation between church and state." Was such a wall ever erected by our founding fathers? Or has this "wall" been invented by those who seek to keep Judeo-Christian morality from influencing public policy? Christian History Institute is pleased to present below the pertinent comments of Constitutional attorney and author John W. Whitehead. Mr. Whitehead is founder and president of The Rutherford Institute, a non-profit organization dedicated to the defense of religious freedom and civil liberties. He is also the author of the award-winning video series Grasping for the Wind.
Separation of Church and State
The concept of the separation of church and state is one of the most profound doctrines of our American history. It is also one of the most confusing. Unfortunately, this phrase has been used by special interest groups to oppress religious Americans and keep them from exercising their basic rights. However, both history and logic dispute the false claim that this oppression is authorized by the Constitution.
The Foundation of Religious Liberty
Religious liberty was a prime cause for the dispute between the American colonies and Great Britain. Parliament was attempting to force the establishment of the Church of England on the American colonies. John Adams believed this was responsible, "as much as any other cause," for the American Revolution. He said, "The objection was not merely to the office of a bishop, though even that was dreaded, but to the authority of Parliament, on which it must be founded." Historian Carl Bridenbaugh wrote: "It is indeed high time that we repossess the important historical truth that religion was a fundamental cause of the American Revolution."
The dangers of large government were visible to the framers of the Constitution. They knew that giving the government too much power would threaten the freedom of American citizens. Because of this, the First Amendment was written specifically to limit the power of the federal government. It protected the basic freedoms and rights of American citizens in the areas of religion, speech, press, and assembly. However, the most important of these was the guarantee of religious freedom. This was rooted in such Reformation doctrines as the priesthood of all believers, which came to be known as liberty of conscience.
Historian Roland Bainton writes that "all freedoms hang together.... Civil liberties scarcely thrive when religious liberties are disregarded, and the reverse is equally true. Beneath them all is a philosophy of liberty, which assumes a measure of variety in human behavior, honors integrity, respects the dignity of man, and seeks to exemplify the compassion of God." Jurist and scholar James Kent was an expert in early American law. In his Commentaries on American Law, he stated: "The free exercise and enjoyment of religious profession and worship may be considered as one of the absolute rights of individuals, recognized in our...law." Here again, we see the heritage of the Reformation. Kent was influenced by British jurist and legal scholar William Blackstone. He shared Blackstone's faith in the religious foundations of the law and adapted both the title and structure of his Commentaries to parallel Blackstone's.
The Separation of Church and State
Some Americans were not satisfied with the original Constitution. They feared that it created a government that was too powerful. Because of this, many in the clergy demanded a specific limitation or amendment concerning religion. Thus, the First Amendment came into being.