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Constitutional Separation of Church and State? | October 14, 2004

Who coined this phrase? And why is it repeated in news broadcasts? The Constitution’s 1st Amendment always referenced but not quoted is simply this:

“Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; … ”

The posting of the Ten Commandments, excerpts from the Upanishads, or quotes from the Koran in a school or other government building is completely Constitutional. Posting religious texts, praying out loud, or even speaking about God or one’s religion does not equal = Congress making some law respecting an establishment of religion. In fact, preventing such action by law would actually violate the 1st amendment: Congress shall make no law … prohibiting the free exercise thereof (religion).

Clearly, the 1st Amendment is worded to prevent the establishment of a state religion, like the Church of England was in Great Britain or the Roman Catholic Church was in many medieval European countries. However, the constitution does NOT call for “separation of church and state.” Just because certain groups masquerading as protectors of civil liberties keep hammering this phrase, distorting both the spirit and actual content of the 1st amendment, that doesn’t make it true. And ethical journalists should not repeat that phrase without putting the word “alleged” in front of it because to do otherwise is to lend credibility to its distortion.

As for the words “under God” being included in the Pledge of Allegiance, unless the Congress passes some law requiring dissenting citizens to say the words, there is still no violation of the Constitution.

Our U.S. Constitution was written in a manner to define a government structure which would protect the rights and freedoms referenced in the Declaration of Independence: a document which declares that those rights are endowed by our Creator. The very men who drafted the documents and, in large part, came to make up our early government held prayers in their meetings. It is a flagrant distortion to suggest that the First Amendment in any way implies a “separation” of Church and State when the words, the authors, and the cultural context all demonstrate that its purpose is to prevent an official “state church” and not to remove religious morality from government.

Of course, public school teachers and officials should not proselytize any religion in a classroom or official function, not because it’s unconstitutional, but because it’s not their job description – they are not being paid to spread their faith or any other(including secular humanism). This does not mean that different origin of the universe theories (including special creation) cannot be taught in science as long as one is not to the exclusion of all others. Voluntary religious expression between students and even teachers outside of class should not be hampered but teaching any religion in the classroom, except factual events in historical context, should be restricted to elective classes only. While any group activity containing the slightest religious overtones (prayer before class or the Pledge of Allegiance) should not be mandatory, they should also not be prohibited by law.

In societies governed by law, the fundamental laws established have been based on the dominant morality of the society, which in turn, is determined by the dominant religions of that society. Without religious morality and ethics as a guide, laws can only be based on preventing harm. All “harm” which is not measurable in dollars or bodily damage, is up to the whim of the lawmakers and will vary continuously. (Examples: rape or molestation without physical damage could be deemed legal while an insult or unkind word could be elevated to a high crime with severe penalties.) Religious morality is the conscience of society. Without that conscience, legality would become utterly arbitrary.

The foundational morality of any society is derived from its dominant religions. And that societal morality is the compass for the leadership and legislature of the governing body. The Constitution in no way attempts to separate church and state. It is intentionally worded to preserve religious freedom by preventing a singular established state church and preventing laws that would hamper the free exercise of religion. This is the wording, the heart, and the intent of the First Amendment.

John Byrum
October 13. 2004

published in:
The Lynchburg, VA paper (The News & Advance)
and the Washington Times - August, 2003.

Posted by admin at October 14, 2004 10:19 AM


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