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The First Amendment says nothing about 'separation of church and state' or a ‘wall of separation between church and state.’ Where did this idea come from? Is it really part of the law?
 
 

Although the words ‘separation of church and state’ do not appear in the First Amendment, the establishment clause was intended to separate church from state. When the First Amendment was adopted in 1791, the establishment clause applied only to the federal government, prohibiting the federal government from any involvement in religion. By 1833, all states had disestablished religion from government, providing protections for religious liberty in state constitutions. In the 20th century, the U.S. Supreme Court applied the establishment clause to the states through the 14th Amendment. Today, the establishment clause prohibits all levels of government from either advancing or inhibiting religion.

The establishment clause separates church from state, but not religion from politics or public life. Individual citizens are free to bring their religious convictions into the public arena. But the government is prohibited from favoring one religious view over another or even favoring religion over non-religion.

Our nation’s founders disagreed about the exact meaning of “no establishment” under the First Amendment; the argument continues to this day. But there was and is widespread agreement that preventing government from interfering with religion is an essential principle of religious liberty. All of the Framers understood that “no establishment” meant no national church and no government involvement in religion. Thomas Jefferson and James Madison believed that without separating church from state, there could be no real religious freedom.

The first use of the “wall of separation” metaphor was by Roger Williams, who founded Rhode Island in 1635. He said an authentic Christian church would be possible only if there was “a wall or hedge of separation” between the “wilderness of the world” and “the garden of the church.” Any government involvement in the church, he believed, corrupts the church.

Then in 1802, Thomas Jefferson, in a letter to the Danbury Baptist Association, wrote: “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 and State.”

The Supreme Court has cited Jefferson’s letter in key cases, beginning with a polygamy case in the 19th century. In the 1947 case Everson v. Board of Education, the Court cited a direct link between Jefferson’s “wall of separation” concept and the First Amendment’s establishment clause.

 
 
What is the 'Lemon test' for religious mottos and displays in public settings?
 
Aren't the Ten Commandments posted in the U.S. Supreme Court chamber?
 
Are religious displays on public property — such as Ten Commandments in historical-documents exhibits — legal?
 
Are religious holiday displays on public property constitutional?
 
A public employee wishes to convert a fellow employee to his religion. Does he have a First Amendment right to proselytize?
 
My faith forbids me to work on Sundays, but my workplace is open and I’m expected to be there. What are my rights?
 
May a religious group that receives funds to administer a homeless shelter discriminate in hiring on the basis of religion or adherence to religious doctrines?
 
May the government constitutionally place conditions on religious tax exemptions?
 
Are religious organizations allowed to lobby for or against legislation?
 
Can federally funded senior centers include religious activities as part of their programs or services?
 
How, if at all, can federally funded senior centers provide religious activities to those who want to participate?
 
Can federally funded senior centers use religious beliefs to discriminate in deciding to whom to provide services?
 
Does the Supreme Court's holding in Marsh mean that any plan for providing a legislature with a chaplain paid with public funds will be constitutional?
 
May my state pass a voucher program in which some vouchers are used at religious schools?
 
May a non-custodial parent be told not to expose a child to a religion other than the religion practiced by the custodial parent?
 
Do religious institutions have a free-exercise right to tax exemptions?
 
If a prisoner who practiced the Sikh religion asked to wear a kirpan (small dagger), saying he needed to wear the kirpan to express his religious faith, must prison officials grant the request?
 
If the Supreme Court struck down Congress' attempt to protect religious liberties in the Religious Freedom Restoration Act, why wouldn't it just do the same thing with RLUIPA?
 
Should society care about inmates' religious rights?
 
Have there been any rulings yet on RLUIPA’s constitutionality?
 
Do cities have the right to restrict the number of churches?
 
Has the Supreme Court ruled on the constitutionality of religious exemptions to state-compelled vaccination?
 
Which states require immunizations for public schoolchildren, and which offer religious exemptions?
 
How are exemption requests evaluated?
 
Are religious exemptions the only way to opt out of mandatory vaccination?
 
Can the government ever interfere with someone's religious practices?
 
May states be required to grant exemptions for business owners whose Sabbath requires them to close their business on another day?
 
May states choose only certain types of businesses to be closed on Sundays?
 
Are state holidays constitutional when they are directly tied to some religious observance?
 
Has the Supreme Court defined 'religion'?
 
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Last system update: Friday, November 20, 2009 | 21:38:14
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