Separation of Church and State
by Kerby
When Thomas Jefferson first used the phrase "wall of separation," it is certain that he never would have anticipated the controversy that surrounds that term two centuries later. The metaphor has become so powerful that most Americans are more familiar with
In one sense, the idea of separation of church and state is an accurate description of what must take place between the two institutions. History is full of examples (e.g., inquisition) of the dangers that arise when the institutions of church and state become too intertwined.
But the contemporary concept of separation of church and state goes far beyond the recognition that the two institutions must be separate. The current version of this phrase has come to mean that there should be a complete separation between religion and public life.
Origin of the Phrase
At the outset, we should state the obvious: the phrase "separation of church and state" is not in the Constitution. Although that should be an obvious statement, it is amazing how many citizens (including lawyers and politicians) do not know that simple fact. Since the phrase is not in the Constitution and not even significantly discussed by the framers (e.g., The Federalist Papers), it is open to wide interpretation and misinterpretation.
Thomas Jefferson used the phrase "separation of church and state" when he wrote to the Danbury Baptist Association in 1802. In 1947 Justice Hugo Black revived it in the case of Everson v. Board of Education. He wrote that the First Amendment "was intended to erect a wall of separation between church and State."
The wall metaphor revived by Justice Black has been misused ever since. For example, the wall of separation has been used to argue that nearly any religious activity (prayer, Bible reading, moment of silence) and any religious symbol (cross, creche, Ten Commandments, etc) is impermissible. Most of these activities and symbols have been stripped from public arenas.
It's also worth noting that six of the thirteen original states had official, state-sponsored churches. Some states (
History of the Phrase
Thomas Jefferson used a metaphor of a "wall of separation between Church and State" in a letter to the Danbury Baptist Association, but it is interesting to note that with all of
Some history is in order. The presidential campaign of 1800 was one of the most bitterly contested presidential elections in American history. Republican Thomas Jefferson defeated Federalist John Adams.
During the campaign, the Federalists attacked
In the midst of these concerns, the loyal Republicans of the Danbury Baptist Association wrote to the president congratulating him on his election and his dedication to religious liberty. President Jefferson used the letter as an opportunity to explain why he did not declare days of public prayer and thanksgiving as Washington and Adams had done so before him.
In his letter to them on New Year's Day 1802,
It appears that
Although the
In 1879 the metaphor entered the lexicon of American constitutional law in the case of Reynolds v. United States. The court stated that
In 1947 Justice Hugo Black revived
Daniel Dreisbach, author of Thomas Jefferson and the Wall of Separation Between Church and State, shows that Black's wall differs from
The wall erected by Justice Black is "high and impregnable." On the other hand,
There is also a difference in the location of the two walls. Dreisbach says:
Whereas
The phrase "separation of church and state" is not in the Constitution and its current use is very different from what Thomas Jefferson intended two centuries ago. A careful study of history shows how far we have strayed from its original intent.
[1] Barbara Perry, "Justice Hugo Black and the Wall of Separation between Church and State," Journal of Church and State 31(1989): 55.
[2] Dumas Malone,
[3] Timothy Dwight, The Duty of Americans, at the Present Crisis, reprinted in Ellis Sandoz, ed., Political Sermons of the American Founding Era, 1730-1805 (Indianapolis, IN: Liberty Press, 1991), 1382.
[4] Philip Hamburger, Separation of Church and State (
[5] Reynolds v.
[6] Robert M. Hutchins, "The Future of the Wall," in The Wall between Church and State, ed. Dallin H. Oaks (Chicago: University of Chicago Press, 1963), 17.
[7] Everson v. Board of Education, 330
[8] Daniel Dreisbach, Thomas Jefferson and the Wall of Separation Between Church and State (
[9] Derek H. Davis, "Wall of Separation Metaphor," Journal of Church and State, vol. 45(1), Winter 2003.
[10] Dreisbach, Thomas Jefferson, 125.