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Chapter Eight
SEPARATING CHURCH AND STATE
Freedom of Religion
Photograph by Dwight
Somers
Early in their history, Americans rejected
the concept of the established or government-favored
religion that had dominated -- and divided -- so many
European countries. Separation of church and state was
ordained by the First Amendment to the U.S. Constitution,
which provides in part that "Congress shall make no law
respecting an establishment of religion, or prohibiting the
free exercise thereof...."
The First Amendment sounds straightforward,
but at times it is difficult even for American
constitutional scholars to draw a distinct line between
government and religion in the United States. Students in
public schools may not pray publicly as part of the school
day, yet sessions of the U.S. Congress regularly begin with
a prayer by a minister. Cities may not display a Christmas
créche on public property, but the slogan "In God We Trust"
appears on U.S. currency, and money given to religious
institutions can be deducted from one's income for tax
purposes. Students who attend church-affiliated colleges may
receive federal loans like other students, but their younger
siblings may not receive federal monies specifically to
attend religious elementary or secondary schools.
It may never be possible to resolve these
apparent inconsistencies. They derive, in fact, from a
tension built into the First Amendment itself, which tells
Congress neither to establish nor to interfere with
religion. Trying to steer a clear course between those two
dictates is one of the most delicate exercises required of
American public officials.
INTERPRETING THE FIRST AMENDMENT
One of the first permanent settlements in
what became the North American colonies was founded by
English Puritans, Calvinists who had been outsiders in their
homeland, where the Church of England was established. The
Puritans settled in Massachusetts, where they grew and
prospered. They considered their success to be a sign that
God was pleased with them, and they assumed that those who
disagreed with their religious ideas should not be
tolerated.
When the colony's leaders forced out one of
their members, Roger Williams, for disagreeing with the
clergy, Williams responded by founding a separate colony,
which became the state of Rhode Island, where everyone
enjoyed religious freedom. Two other states originated as
havens for people being persecuted for their religious
beliefs: Maryland as a refuge for Catholics and Pennsylvania
for the Society of Friends (Quakers), a Protestant group
whose members espouse plain living and pacifism.
Even after the adoption of the Constitution
in 1787 and the Bill of Rights (which includes the First
Amendment) in 1791, Protestantism continued to enjoy a
favored status in some states. Massachusetts, for example,
did not cut its last ties between church and state until
1833. (As written, the First Amendment applies only to the
federal government, not to the states. The Fourteenth
Amendment, ratified in 1868, forbids states to "deprive any
person of life, liberty, or property, without due process of
law." This clause has been interpreted to mean that the
states must protect the rights -- including freedom of
religion -- that are guaranteed by the Bill of Rights.)
In the 20th century, the relationship
between church and state reached a new stage of conflict --
that between civic duty and individual conscience. The broad
outlines of an approach to that conflict took shape in a
number of Supreme Court rulings.
Perhaps the most noteworthy of these was
West Virginia State Board of Education v. Barnette
(1943). The suit stemmed from the refusal of certain members
of the Jehovah's Witness religion to salute the American
flag during the school day, as commanded by state law.
Because their creed forbade such pledges of loyalty, the
Witnesses argued, they were being forced to violate their
consciences. Three years earlier, the Supreme Court had
upheld a nearly identical law -- a decision that had been
roundly criticized. In the 1943 case, the Court in effect
overruled itself by invoking a different clause in the First
Amendment, the one guaranteeing freedom of speech. Saluting
the flag was held to be a form of speech, which the state
could not force its citizens to perform.
Since then the Supreme Court has carved out
other exceptions to laws on behalf of certain religious
groups. There remains, however, a distinction between
matters of private conscience and actions that adversely
affect other people. Thus, members of the Church of Jesus
Christ of Latter-Day Saints (Mormons) were jailed in the
19th century for practicing polygamy (subsequently the
Mormon Church withdrew its sanction of polygamy). More
recently, parents have been convicted of criminal negligence
for refusing to obtain medical help for their ailing
children, who went on to die, even though the parents'
religious beliefs dictated that they refuse treatment
because faith would provide a cure.
PROTESTANTS -- LIBERAL AND CONSERVATIVE
Americans have been swept up in many waves
of religious excitement. One that occurred in the 1740s,
called the Great Awakening, united several Protestant
denominations in an effort to overcome a sense of
complacency that had afflicted organized religion. A second
Great Awakening swept through New England in the early 19th
century.
Not all of New England's clergymen, however,
were sympathetic to the call for revival. Some had abandoned
the Calvinist idea of predestination, which holds that God
has chosen those who will be saved -- the "elect" -- leaving
humans no ability to affect their destinies through good
works or other means. Some ministers preached that all men
had free will and could be saved. Others took even more
liberal positions, giving up many traditional Christian
beliefs. They were influenced by the idea of progress that
had taken hold in the United States generally. Just as
science adjusted our understanding of the natural world,
they suggested, reason should prompt reassessments of
religious doctrine.
Liberal American Protestantism in the 19th
century was allied with similar trends in Europe, where
scholars were reading and interpreting the Bible in a new
way. They questioned the validity of biblical miracles and
traditional beliefs about the authorship of biblical books.
There was also the challenge of Charles Darwin's theory of
evolution to contend with. If human beings were descended
from other animals, as most scientists came to believe, then
the story of Adam and Eve, the biblical first parents, could
not be literally true.
What distinguished 19th-century liberal
Protestants from their 20th-century counterparts was
optimism about the human capacity for improvement. Some of
the early ministers believed that the church could
accelerate progress by trying to reform society. In the
spirit of the gospels, they began to work on behalf of the
urban poor. Today's liberal clergymen -- not just
Protestants but Catholics and others, too -- may be less
convinced that progress is inevitable, but many of them have
continued their efforts on behalf of the poor by managing
shelters for homeless people, feeding the hungry, running
day-care centers for children, and speaking out on social
issues. Many are active in the ecumenical movement, which
seeks to bring about the reunion of Christians into one
church.
While liberal Protestants sought a
relaxation of doctrine, conservatives believed that
departures from the literal truth of the Bible were
unjustified. Their branch of Protestantism is often called
"evangelical," after their enthusiasm for the gospels of the
New Testament.
Evangelical Christians favor an impassioned,
participatory approach to religion, and their services are
often highly charged, with group singing and dramatic
sermons that evoke spirited responses from the congregation.
The South, in particular, became a bastion of this "old-time
religion," and the conservative Baptist church is very
influential in that region. In recent decades some preachers
have taken their ministry to television, preaching as
"televangelists" to large audiences.
In 1925 the conflict between conservative
faith and modern science crystallized in what is known as
the Scopes trial in Tennessee. John Scopes, a high school
biology teacher, was indicted for violating a state law that
forbade teaching the theory of evolution in public schools.
Scopes was convicted after a sensational trial that featured
America's finest criminal lawyer of the time, Clarence
Darrow, for the defense and the renowned populist and former
presidential candidate, William Jennings Bryan, for the
prosecution.
Since then the Supreme Court has ruled that
laws banning the teaching of evolution violate the First
Amendment's prohibition of establishing religion.
Subsequently the state of Louisiana tried a different
approach: It banned the teaching of evolution unless the
biblical doctrine of special creation was taught as an
alternative. This, too, the Court invalidated as an
establishment of religion.
Despite the Supreme Court's clear rulings,
this and similar issues pitting reason versus faith remain
alive. Religious conservatives argue that teaching evolution
alone elevates human reason above revealed truth and thus is
antireligious. And even some thinkers who might otherwise be
considered liberals have argued that the media and other
American institutions foster a climate that tends to slight,
if not ridicule, organized religion. Meanwhile, the trend
toward removing religious teaching and practices from public
schools has prompted some parents to send their children to
religious schools and others to educate their children at
home.
CATHOLICS AND RELIGIOUS SCHOOLS
By the time of the Civil War, over one
million Irish Catholics had come to the United States. In a
majority Protestant country, they and Catholics of other
backgrounds were subjected to prejudice. As late as 1960,
some Americans opposed Catholic presidential candidate John
F. Kennedy on the grounds that, if elected, he would do the
Pope's bidding. Kennedy confronted the issue directly,
pledging to be an American president, and his election did
much to lessen anti-Catholic prejudice in the United States.
Although Catholics were never denied access
to public schools or hospitals, beginning in the 19th
century they built institutions of their own, which met
accepted standards while observing the tenets of Catholic
belief and morality. On the other hand, the Catholic Church
does not require its members to go to church-run
institutions. Many Catholic students attend public schools
and secular colleges. But Catholic schools still educate
many Catholic young people, as well as a growing number of
non-Catholics, whose parents are attracted by the discipline
and quality of instruction.
Catholics have long recognized that the
separation of church and state protects them, like members
of other religions, in the exercise of their faith. But as
the costs of maintaining a separate educational system
mounted, Catholics began to question one application of that
principle. Catholic parents reasoned that the taxes they pay
support public schools, but they save the government money
by sending their children to private schools, for which they
also pay tuition. They sought a way in which they might
obtain public funds to defray their educational expenses.
Parents who sent their children to other private schools,
not necessarily religious, joined in this effort.
The legislatures of many states were
sympathetic, but the Supreme Court ruled unconstitutional
most attempts to aid religious schools. Too much
"entanglement" between state and church, the Court held,
violated the First Amendment's ban on establishing religion.
Attempts to alter the separation of church and state by
amending the Constitution have not been successful.
LAND OF MANY FAITHS
Like Catholics, Jews were a small minority
in the first years of the American republic. Until the late
19th century, most Jews in America were of German origin.
Many of them belonged to the Reform movement, a liberal
branch of Judaism which had made many adjustments to modern
life. Anti-Semitism, or anti-Jewish prejudice, was not a big
problem before the Civil War. But when Jews began coming to
America in great numbers, anti-Semitism appeared. Jews from
Russia and Poland, who as Orthodox Jews strictly observed
the traditions and dietary laws of Judaism, clustered in
city neighborhoods when they first arrived in the United
States.
Usually, Jewish children attended public
schools and took religious instruction in special Hebrew
schools. The children of Jewish immigrants moved rapidly
into the professions and into American universities, where
many became intellectual leaders. Many remained religiously
observant, while others continued to think of themselves as
ethnically Jewish, but adopted a secular, nonreligious
outlook.
To combat prejudice and discrimination, Jews
formed the B'nai Brith Anti-Defamation League, which has
played a major role in educating Americans about the
injustice of prejudice and making them aware of the rights,
not only of Jews, but of all minorities.
By the 1950s a three-faith model had taken
root: Americans were described as coming in three basic
varieties -- Protestant, Catholic, and Jew. The order
reflects the numerical strength of each group: In the 1990
census, Protestants of all denominations numbered 140
million; Catholics, 62 million; and Jews, 5 million.
Today the three-faith formula is obsolete.
The Islamic faith also has 5 million U.S. adherents, many of
whom are African-American converts. It is estimated that the
number of mosques in the United States -- today, about 1,200
-- has doubled in the last 15 years. Buddhism and Hinduism
are growing with the arrival of immigrants from countries
where these are the majority religions. In some cases,
inner-city Christian churches whose congregations have moved
to the suburbs have sold their buildings to Buddhists, who
have refitted them to suit their practices.
PRINCIPLES OF TOLERANCE
America has been a fertile ground for new
religions. The Mormon and Christian Science Churches are
perhaps the best-known of the faiths that have sprung up on
American soil. Because of its tradition of noninterference
in religious matters, the United States has also provided a
comfortable home for many small sects from overseas. The
Amish, for example, descendants of German immigrants who
reside mostly in Pennsylvania and neighboring states, have
lived simple lives, wearing plain clothes and shunning
modern technology, for generations.
Some small groups are considered to be
religious cults because they profess extremist beliefs and
tend to glorify a founding figure. As long as cults and
their members abide by the law, they are generally left
alone. Religious prejudice is rare in America, and
interfaith meetings and cooperation are commonplace.
The most controversial aspect of religion in
the United States today is probably its role in politics. In
recent decades some Americans have come to believe that
separation of church and state has been interpreted in ways
hostile to religion. Religious conservatives and
fundamentalists have joined forces to become a powerful
political movement known as the Christian right. Among their
goals is to overturn, by law or constitutional amendment,
Supreme Court decisions allowing abortion and banning prayer
in public schools. Ralph Reed, former executive director of
the Christian Coalition, estimates that one-third of
delegates to the 1996 Republican Convention were members of
his or similar conservative Christian groups, an indication
of the increased involvement of religion in politics.
While some groups openly demonstrate their
religious convictions, for most Americans religion is a
personal matter not usually discussed in everyday
conversation. The vast majority practice their faith quietly
in whatever manner they choose -- as members of one of the
traditional religious denominations, as participants in
nondenominational congregations, or as individuals who join
no organized group. However Americans choose to exercise
their faith, they are a spiritual people. Nine out of ten
Americans express some religious preference, and
approximately 70 percent are members of religious
congregations.
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