Separation of Church and State in America

Nothing raises Americans’ emotions more than the relationship between religion and the federal government. Here’s an overview of the separation of church and state in America.

Separation of Church and State in America

Early in their history, Americans rejected the concept of the established or government-favored religion that had dominated so many European countries. Separation of church and state was ordained by the First Amendment to the U.S. Constitution. It provides in part that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...."

The First Amendment sounds straightforward, but at times it is difficult even for American constitutional scholars to draw a distinct line between government and religion in the United States. Students in public schools may not pray publicly as part of the school day, yet sessions of the U.S. Congress regularly begin with a prayer by a minister. Cities may not display depictions of the Nativity at Christmas on public property, but the slogan "In God We Trust" appears on U.S. currency, and money given to religious institutions can be deducted from one's income for tax purposes. Students who attend church-affiliated colleges may receive federal loans like other students, but their younger siblings may not receive federal monies specifically to attend religious elementary or secondary schools.

It may never be possible to resolve these apparent inconsistencies. They derive from a tension built into the First Amendment itself, which tells Congress neither to establish nor to interfere with religion. Trying to steer a clear course between those two dictates is one of the most delicate exercises required of American public officials.

In the 20th century, the relationship between church and state reached a new stage of conflict, between civic duty and individual conscience. The broad outlines of an approach to that conflict took shape in a number of Supreme Court rulings.

Perhaps the most noteworthy of these was West Virginia State Board of Education v. Barnette (1943). The suit stemmed from the refusal of certain members of the Jehovah's Witness religion to salute the American flag during the school day, as commanded by state law. Because their creed forbade such pledges of loyalty, the Witnesses argued, they were being forced to violate their consciences. Three years earlier, the Supreme Court had upheld a nearly identical law, and had been criticized for it. In the 1943 case, the Court in effect overruled itself by invoking a different clause in the First Amendment, the one guaranteeing freedom of speech. Saluting the flag was held to be a form of speech, which the state could not force its citizens to perform.

Since then the Supreme Court has carved out other exceptions to laws on behalf of certain religious groups. There remains, however, a distinction between matters of private conscience and actions that adversely affect other people. Thus, Mormons were jailed in the 19th century for practicing polygamy. More recently, parents have been convicted of criminal negligence for refusing to obtain medical help for their ailing children, who went on to die, even though the parents' religious beliefs dictated that they refuse treatment because faith would provide a cure.

The separation of church and state in America is a complex subject and sure to remain a hot button topic.