A Nation Without Separation

A major reason why Evangelicals feel they must insert their religious beliefs into the realm of public policy and impose their version of morality on the rest of the nation is due to the fact that they do not believe there is a separation between Church and State.

Constitutional scholars can make arguments until they are blue in the face about judicial precedent, the writings of the founders, and even the text of the Constitution which establish that the founders did in fact intend for the secular government to be free of influence of the sectarian and likewise, the sectarian to be free of intrusion from the secular government. Unfortunately, as people of faith, they can only accept that which is invisible and improvable. Thus, they cannot accept that the founders meant for Church and State to be separate aspects in our nation and society.

Therefore, let us work from their argument, that there is in fact no separation. What would this entail? Well, let us consider what the Constitution says on the subject. There are only two references to religion in the Constitution. One concerns religious tests for public officials and the other concerns freedom of exercise and that no state religion can be established by the government (1) (2).

Taking only these two clauses into account, how far could the government go without a separation between Church and State?

First, if a state or even the federal government so chose, they could make a law requiring all Christian churches to use the same version of the Bible. Let's assume that the state of California passes a law that all Christian churches in their state must use the New International Version of the Bible, and that to use any other version of the Bible could result in fines, penalties, incarceration, and loss of tax-exempt status.

Now let us test whether this would be "constitutional". First, this law would have nothing to do with religious tests for public officials, so this point is moot. Secondly, it does not prohibit Christians from continuing to worship Jesus, nor does it establish Christianity as a state religion. So without a separation between Church and State, such a law would be entirely Constitutional.

Second, let us assume that this same legislature passes a law requiring all Christian churches to profess the same Nicean creed. There are nearly as many versions of the Nicean creed as there are branches of Christianity, all have the same general idea (3). However, how would a Catholic feel being compelled to recite the Lutheran creed? How would an Evangelical feel being compelled to recite the Eastern Orthodox creed? While pragmatically this would be difficult to enforce, perhaps the state would set similar penalties to the previous law.

Again, would this be constitutional without a separation between Church and State? As before, this has no effect on the religious tests clause. Likewise, it does not prevent Christians from worshipping Jesus, nor does it establish Christianity as a state religion. Once again, such a law would be constitutional were there no separation.

Third, let's assume the California legislature, as part of the same package of laws, required all Christian churches to perform uniform sacraments. Some branches of Christianity refuse alcohol, so I would assume the legislature would require all Christian churches to use non-alcoholic beverages as the blood of Christ. Likewise, it might require all sects publicly to pray in a uniform way (perhaps the only prayer being the one in Matthew 6), or perhaps, as stated in that same chapter, outlawing public prayer all together and requiring congregants to pray only in private (4). Again, this might be harder to enforce, but similar penalties and fines would apply as the previous laws.

Once again, is this constitutional without a separation? In fact, it would be once again. It has nothing to do with religious tests for public officials, so that point is once again moot. Likewise, it does not prohibit Christians from worshipping Jesus nor does it establish a state religion. Once more, this law proves constitutional without a separation between Church and State.

Finally, what if that legislature also required all Christians (or even members of any faith) to register and be licensed before they are allowed to attend services, and that in this licensing process, they would be required to submit to the previously stated laws and perhaps even pass a test that measures their basic understanding of their faith. If an individual were found in Church without such a license, much like with driving unlicensed, the offender would face several penalties and fines.

Would such a law be constitutional in the absence of a separation? Once more, it has nothing to do with the religious test clause, as it does not relate to public officials. Does this law prohibit Christians from worshipping Jesus? One might argue that it could, but does a requirement to secure a driver's license prohibit someone from driving? One can drive without a license, just as one could be a Christian without a license... Simply, they both would face similar penalties for their unlicensed actions. So having a license would not prohibit someone from exercising their religion, it would only prohibit unlicensed individuals from entering a church. Similarly, it would not establish Christianity or any religion as a state religion. So once again, this law would prove constitutional in the absence of a separation of Church and State.

So Evangelicals and their supporters must ask themselves if this is the sort of world they seek to establish by working against court precedent, constitutional law, and American history. As the book says, as ye sow, so shall ye reap. If you seek to destroy the wall of separation, take care that you might just get what you deserve. The separation not only protects the secular from the sectarian (which is the main complaint of the Evangelicals as they feel that the secular must reflect the sectarian), but it also protects the sectarian from the secular. So evangelicals must ask themselves, do you have a license to worship Jesus?