Thursday, November 02, 2006
Boston Legal vs. Religious Freedom Part 4: Separation of Church & State
Alan Shore: "I'm getting tired of this freedom of religion thing... a Constitutional Amendment as overplayed as it is misapplied... enough with this freedom of religion crap."

The First Amendment states:
"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 places a restriction on the government, not on the people.

So, what is the origin of "separation of church and state"?

Well, let's look at the Constitution of the United States of America. Find it? No? Well, then let's try the Bill of Rights. Did you find it yet? No?

That's because it is not in either of those historic documents. Its in another historic document, a personal, private correspondence, actually. The Baptist Association of Danbury, Connecticut, was concerned that a national denomination would be established in America as it had been established in England and Scotland, and other countries.

Here is Jefferson's letter to the Danbury Baptists, as sent:

To messers. Nehemiah Dodge, Ephraim Robbins, & Stephen S. Nelson, a committee of the Danbury Baptist association in the state of Connecticut.

Gentlemen

The affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist association, give me the highest satisfaction. my duties dictate a faithful and zealous pursuit of the interests of my constituents, & in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.

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, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church & State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.

I reciprocate your kind prayers for the protection & blessing of the common father and creator of man, and tender you for yourselves & your religious association, assurances of my high respect & esteem.

Th Jefferson
Jan. 1. 1802.

Taken together, Jefferson's wall restricts the government from interfering with religion, but not the other way around. This is freedom of religion -- religion free from the interference of the government.
Perhaps I'm putting words in Jefferson's mouth? Here's what Jefferson wrote to Benjamin Rush on September 23, 1800:
[T]he clause of the Constitution which, while it secured the freedom of the press, covered also the freedom of religion, had given to the clergy a very favorite hope of obtaining an establishment of a particular form of Christianity through the United States; and as every sect believes its own form the true one, every one perhaps hoped for his own, but especially the Episcopalians and Congregationalists. The returning good sense of our country threatens abortion to their hopes and they believe that any portion of power confided to me will be exerted in opposition to their schemes. And they believe rightly.
As to the source of those rights, he wrote:
And can the liberties of a nation be thought secure if we have lost the only firm basis, a conviction in the minds of the people that these liberties are the gift of God? That they are not to be violated but with His wrath?
Let's also not forget that that throughout his vice presidency and presidency, Jefferson attended church at the Capitol. The first service he attended at the Capitol was on January 3, 1802. Now, scroll back up and look at the date on that letter to the Danbury Baptists. Jefferson attended church at the Capitol just two days after he wrote that "wall of separation of church & state" metaphor. Church services continued at the Capitol through the Civil War and Reconstruction.

I believe it is that "wall of separation" metaphor that is as "overplayed as it is misapplied."
 
  posted at 5:35 PM  
  Comments (2)


2 Comments:
At 8:34 PM, Anonymous michael said...

Yes. But if people were to be convinced of this truth, many would say "but times have changed" and throw out Jefferson's original meaning as no longer pertinent to the complex, nuanced world in which we live.

 
At 1:30 PM, Blogger Alicia said...

That was a great article. It would be nice if everyone would try to keep their historic quotes in the original context and with the original meaning.

 

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