To many Americans, that pledge was a sign and a symbol of a dangerous breakdown in the separation of church and state. Yet this principle, as vital as it is, is not a simplistic and rigid command. Separation of church and state cannot mean an absolute separation between moral principles and political power. The challenge today is to recall the origin of the principle, to define its purpose, and refine its application to the politics of the present.
The founders of our nation had long and bitter experience with the state, as both the agent and the adversary of particular religious views. In colonial
But during the Revolution, Catholics, Jews, and Non-Conformists all rallied to the cause and fought valiantly for the American commonwealth -- for John Winthrop’s “city upon a hill.” Afterwards, when the Constitution was ratified and then amended, the framers gave freedom for all religion, and from any established religion, the very first place in the Bill of Rights.
Indeed the framers themselves professed very different faiths:
The separation of church and state can sometimes be frustrating for women and men of religious faith. They may be tempted to misuse government in order to impose a value which they cannot persuade others to accept. But once we succumb to that temptation, we step onto a slippery slope where everyone’s freedom is at risk. Those who favor censorship should recall that one of the first books ever burned was the first English translation of the Bible. As President Eisenhower warned in 1953, “Don’t join the book burners...the right to say ideas, the right to record them, and the right to have them accessible to others is unquestioned -- or this isn’t
The danger is as great now as when the founders of the nation first saw it. In 1789, their fear was of factional strife among dozens of denominations. Today there are hundreds -- and perhaps even thousands of faiths -- and millions of Americans who are outside any fold. Pluralism obviously does not and cannot mean that all of them are right; but it does mean that there are areas where government cannot and should not decide what it is wrong to believe, to think, to read, and to do. As Professor Larry Tribe, one of the nation’s leading constitutional scholars has written, “Law in a non-theocratic state cannot measure religious truth, nor can the state impose it."
The real transgression occurs when religion wants government to tell citizens how to live uniquely personal parts of their lives. The failure of Prohibition proves the futility of such an attempt when a majority or even a substantial minority happens to disagree. Some questions may be inherently individual ones, or people may be sharply divided about whether they are. In such cases, like Prohibition and abortion, the proper role of religion is to appeal to the conscience of the individual, not the coercive power of the state.
But there are other questions which are inherently public in nature, which we must decide together as a nation, and where religion and religious values can and should speak to our common conscience. The issue of nuclear war is a compelling example. It is a moral issue; it will be decided by government, not by each individual; and to give any effect to the moral values of their creed, people of faith must speak directly about public policy. The Catholic bishops and the Reverend Billy Graham have every right to stand for the nuclear freeze, and Dr. Falwell has every right to stand against it.
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