Separation of State and Church
by David M. Fitzpatrick
Last updated Sunday, 26 February 2006

Xians often trumpet, "Nowhere does the Constitution EVER say the words 'separation of church and state!'" And they're right—those words were actually first used by Thomas Jefferson in a letter he wrote. But Jefferson was referring to the basic ideal of the Constitution when it declared that Congress shall make no law establishing any religion in the nation.

However, it is worth noting that whenever there has been any Constitutional ambiguity, or argument over any interpretation of the Constitution that may lean in favor of non-religionists, the religionists trumpet "But the Founding Fathers meant such and such!" If I'm not mistaken, Thomas Jefferson was, indeed, a Founding Father. Why, then, is his statement about separation of church and state categorically thrown out by religionists? Doesn't his statement clearly show what that Founding Father thought of the Establishment Clause and its intent to keep that wall of separation between the government and religion? That Founding Father is ignored because his views don't fit the fiction the religionists have dreamed up: that the country was founded exclusively of the Xians, by the Xians, and for the Xians... and nobody else!

Founding Fathers' thoughts aside, the very idea that the founding fathers saw fit to write into the document that serves as the legal basis for our entire society a clause indicating the government should have no power to establish a religion of any sort shows that they clearly didn't want the state and the church to run each other... and that Jefferson was very right when he explained it in his terms.

The Courts Rule
The Supreme Court has ruled on religious matters in the past, but the fact that many extremely obvious, common sense decisions were not unanimous is nothing short of depressing:

  • 25 June 1962: Supreme Court ruled 7-1 (Engel v. Vitale) that public school officials could not require students to recite a state-composed, nondenominational prayer at the beginning of the school day, even if students who wished to be excused could be. While this seems painfully obvious, there was one justice who thought it was a perfectly good idea. In his dissenting opinion, he noted that it seemed wrong to prohibit schools from holding prayers while places like the Supreme Court recognized God before their own sessions and other government agencies did the same. It is sad that it didn't occur to this justice that perhaps the prayer in such venues ought to be stopped just as the Supreme Court stopped it in schools.
     
  • 17 June 1964: Prayer in schools, Round #2! Supreme Court ruled 8-1 (Abington Township School District v. Schempp & Murray v. Curlett) that laws requiring recitation of the Lord's Prayer or Bible verses in public schools were unconstitutional. Once again, despite the blatant obviousness of the case, one justice didn't see that a public school REQUIRING recitation of the Lord's Prayer or Bible verses was unconstitutional. This person thought it was perfectly all right to require Atheists and non-Xians to recite such things. Yikes! Worse yet, doesn't it seem evident that Engel v. Vitale in 1962 already addressed this issue adequately?

We have a long way to go.

See also: "Freedom OF and FROM Religion."


Home   About   Contact   Other   Links
Articles   Alphabetical List of Articles

Article Categories:
The Basics   Information   Legal Stuff
Funny Stuff   Essays   Quotes


Atheist and Proud!

Copyright © 2004-2005 David M. Fitzpatrick, indy@fitz42-QQQ.net
Remove the "-QQQ" part before you send your email! Click here to learn why.