Church and State?

Question

What does this clause mean to you? "Congress shall make no law respecting the establishment of a religion or prohibiting the free practice thereof." - First Amendment to the Constitution of the United States of America

Would laws "respecting the establishment of a religion" create a religion or would they introduce an existing religion into the governmental framework as to be recognized by the government while other existing religions are not recognized?

The purpose of this question is to address the difference of opinion that the general public has with regard to the legal doctrine of the Separation of Churh and State in the U.S.

Oklatom: Doesn't that fact that it takes "congress out of religion" (as you said) effectively mean that it takes the government out of religion since congress makes the laws? How does that not constitute a separation?

Please stop answering that I said Separation of Church and State is in the Constitution. We all know and agree that those words are not in the constitution.

Answer 1

To me it means that the Congress can't make any laws that appear to officially recognize one or more religions, meaning that particular tenants of a religion can't be enforced by law. It also means that no laws can be created that prevent the people from exercising their religion, even in public places - as long as, in doing so, they aren't infringing on the rights of others. This, to me, includes public officials - as long as they don't prognosticate as part of their official duties. Note that having the 10 commandments on the wall in a courtroom doesn't, in my mind, violate the 1st amendment, but it would be violation to teach any religiously based lessons in public school as part of the required curriculum.

Answer 2

The purpose of that clause of Amendment 1 was to prevent the Federal Government from creating the equivalent of the "Church of England". That is, to give one particular religion preference over others.

It had nothing to do with putting a wall between the two.

In fact, the last 6 words encourages the open discussion of issues between all religions and the public sector.

During their first month, the first congress hired a chaplain. These are the men who help write and adopt the constitution. Nothing could be clearer. They didn't believe in a separation.

Answer 3

It means what it says, that congress shall make no law recognizing a religion as the official USA religion, and that congress shall make no law saying "From now on, this particular religion is outlawed." It doesn't take religion out of congress, but does take congress out of religion. There is NO doctrine of the separation of church and state. No where is that mentioned.

Addendum: Yes indeed it takes congress out of the affairs of religion. They can't make laws about religion. But that doesn't really constitute a separation. For example, the 10 commandments in a courtroom does not violate anything, or endorse a particular religion in my opinion. If it does, which? It's Jewish of course, but also connected with Christianity. There are those who would claim it applies to endorsing Christianity at the expense of eastern religions. But at the time the debate was going on, I doubt eastern religions were considered, or should be now. It was the denominationalism of Christianity, not the division between east and west. In other words, congress shall make no law recognizing Baptists above Methodists at the expense of Lutherns, etc. etc.

Answer 4

This is a quote from Jefferson, who invented the phrase - separation of church and state.

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.

Answer 5

i think it means that religion should not influence politics/politicians and politics/politicians should not influence religion. at the time of the constitution the church was still heavily involved in politics in england. if you were not of that church then you were not very well represented. the american costitution sought to remedy this by saying religion had no place in the governing of a nation. but that doesn't mean politicians must be without religion.
i believe the freedom/establishment of religion clause is the most important in the constitution next to free speech and a free press. if you want to know what it's like to have religion in gov't in modern times take a look at iran, somalia, et al, and ask yourself if that's what you want.

Answer 6

It will always be a problem, and not just with the christian church congregation either. There will always be parents who want religion in schools, and parents who don't. And intead if having religion in our schools we have "THE BIG BANG THEORY"... YAY!! Not, really though. And Christianity occasionally comes into the government. After all, most of us do define what makes a nice person nice by whats in the bible, right? So, naturally, people want religion to become part of the school system. But... usually these people end up homeschooling their kids or sending them to catholic school.

Answer 7

the words separation of church and state was found in a letter written by Thomas Jefferson. That's a letter, not the Constitution.

Answer 8

In many European states governments institute a religion tax. If this happened in the U.S. I would think that would be a breach of this clause.

Answer 9

The Treaty of Tripoli says my belief on the matter.