Kingdom & State: Separation of Church and State -- Link to full show notesMain source: Wallbuilders.comFirst Amendment says... “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Clearly you can see here that the first amendment creates two distinct points dealing with religion: the Establishment Clause and the Free Exercise Clause.The Establishment clause prohibits the government from "establishing" a religion. The precise definition of "establishment" is unclear.Today, what constitutes an "establishment of religion" is often governed under the three-part test set forth by the U.S. Supreme Court in Lemon v. Kurtzman, 403 U.S. 602 (1971). Under the "Lemon" test, government can assist religion only if (1) the primary purpose of the assistance is secular, (2) the assistance must neither promote nor inhibit religion, and (3) there is no excessive entanglement between church and state.The Free Exercise Clause protects citizens' right to practice their religion as they please, so long as the practice does not run afoul of a "public morals" or a "compelling" governmental interest. For instance, in Prince v. Massachusetts, 321 U.S. 158 (1944), the Supreme Court held that a state could force the inoculation of children whose parents would not allow such action for religious reasons. The Court held that the state had an overriding interest in protecting public health and safety. So, clearly the phrase "separation of church and state" is no where in the First Amendment. Where did it come from? How did that phrase become the standard for every debate you have with your liberal friends?A bit of history Everson v. Board of Education, 330 U.S. 1 (1947) Facts. The Petitioner in his status as a taxpayer filed suit challenging the ability of the Respondent to reimburse funds to parents of parochial school students for the transportation of their children to and from school. The Petitioner brought suit alleging that the New Jersey reimbursement statute respects the establishment of religion, by allowing the parents of parochial school students to benefit from the reimbursement scheme. The New Jersey Court of Appeals held that the statute did not violate the Constitution and the Supreme Court of the United States (Supreme Court) granted certiorari to consider the issue. Issue. This case considers whether the parents of parochial school children can benefit from the same services afforded to the parents of public school children. Synopsis of Rule of Law. This case stands for the proposition that, while no law respecting an establishment of religion will stand under the United States Constitution (Constitution), neutral laws, which afford benefits to children will be upheld. Held. Affirmed. In affirming the judgment of the Court of Appeals, the Supreme Court found the statute was not unconstitutional because it was designed to provide a benefit to the parents of all school children, distinct from any religious function in which the children engaged. In 1947, in the case Everson v. Board of Education, the Supreme Court declared, “The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.” The “separation of church and state” phrase which they invoked, and which has today become so familiar, was taken from an exchange of letters between President Thomas Jefferson and the Baptist Association of Danbury, Connecticut, shortly after Jefferson became PresidentThe election of Jefferson – America’s first Anti-Federalist President – elated many Baptists since that denomination, by-and-large, was also strongly Anti-Federalist. This political disposition of the Baptists was understandable, for from the early settlement of Rhode Island in the 1630s to the time of the federal Constitution in the 1780s, the Baptists had often found themselves suffering from the centralization of power. Consequently, now having a President who not only had championed the rights of Baptists in Virginia but who also had advocated clear limits on the centralization of government powers, the Danbury Baptists wrote Jefferson a letter of praise on October 7, 1801, telling him how thankful they were they he was elected president.However, in that same letter of congratulations, the Baptists also expressed to Jefferson their grave concern over the entire concept of the First Amendment, including of its guarantee for “the free exercise of religion”: "Our sentiments are uniformly on the side of religious liberty: that religion is at all times and places a matter between God and individuals, that no man ought to suffer in name, person, or effects on account of his religious opinions, [and] that the legitimate power of civil ...
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