Church and State
[What follows is a pretty long post, followed by some shorter, more lighthearted ones.]
So a federal judge has ordered that a sculpture reflecting the Ten Commandments be removed from the Alabama judicial building.
This is such a poor reading of the US Constitution. Can someone please point out to me where the "separation between church and state" was established? And no, taking this phrase out of context from
one letter by Thomas Jefferson doesn't count (that's the only place you'll find this now sacred phrase).
The Constitution addresses the issue of establishment of religion. Here's the exact quote, the First Amendment of the Bill of Rights:
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.
England had an established religion, the Anglican Church. This Amendment was designed to fight precisely that. What religion, pray tell, does the statue of the Ten Commandments establish? Christianity? Judaism? When is the last time the government official endorsed a church? Alabama isn't making Christianity the official church of that state, nor if the US Congress.
[Brief aside 1: And what does is it even mean to make Christianity the official church? There are so many conflicting and contradictory sects out there that call themselves Christian.]
[Brief aside 2: And why are Christians the bad guys here? The Ten Commandments are more important to Jews than Christians (Judaism being a more legalistic faith), but no one jeers Jews. It's always those evil Christian conservatives, "imposing their faith" on the rest of us.]
We have to realize, as a nation, that we owe a tremendous debt to the Judaeo-Christian tradition. That was the foundation of so much of our law and morality, no matter how much we kick and scream to the contrary. And that's the main point here: the Ten Commandments are the laws that civilization largely rests upon (we were a British colony, and Britain and the rest of Europe were Christian monarchies, and part of a Christian Empire before that).
This does relate to a larger issue, just what the relation between church and state should be.
There are two basic dangers that result when the two are separated: politics becomes arbitrary, and the attitude to religion becomes hostile.
Richard John Neuhaus has some interesting quotes in his book,
The Naked Public Square. Here's on:
The danger of rights being overridden by abstractions is the danger posed by a "secular" approach that is typically utilitarian in its calculation of interests. In that approach...all values and all truth claims are reduced to the status of individualistic "interests." p. 120-121
Just think of the
Federalist Papers (if you haven't read those, do so). So much of the calculation behind the founding was trying to figure out a way to balance people's interest, to figure out a way to mitigate the problems factions can cause.
The thing that's closest to what we might call "truth" in current politics is the Constitution. Even that has been manipulated and shamefully twisted. Even if you don't think cases like Roe v. Wade were decided, not on the basis of law, but on personal ideology, just take at look at the current process behind the confirmation of people to the bench. The so-called litmus test runs the show; Catholics, conservatives, those who think Roe v. Wade was poorly decided, etc. need not apply.
Despite the arbitrary nature of the law, we're all expected to put the law ahead of religious conviction. That's quite hard to do when you know the Church you are a member of was established by God, not some dudes with powdered wigs a few centuries ago. There's so much talk about conservative judges having to prove that they will "put their convictions aside" and follow the letter of the law. Hasn't a precedent on this issue been set already? You know, the Nuremburgh trials? I thought we've established that there's something higher than the law out there, and that sometimes it's probably best not to just "follow orders."
Second, the separation of church and state leads to active hostility against the church, especially The Church. To quote Neuhaus again:
In this manner, a perverse notion of the disestablishment of religion leads to the establishment of the state as church. p. 86
Think about our current attitudes to the law. Politics, for the Left and Right, is the only sphere that really matters. We no longer argue about what's good, we argue about what's legal. Which is why, when some segments of the population (the Left especially) don't like how democracy will turn out, they impose their ideology through the courts, knowing well that that will change the minds of many. Consider Canada, where
many supporters of gay marriage oppose a referendum, and would rather keep imposing their views on the populace.
[Side sarcastic note: But I thought that we moved beyond the times when evil kings and bishops imposed their views on us? At least those kings and bishops had a faith that could constrain them, unlike the nakedly immoral, power-posturing of current politicos.]
We also forget where our political inheritance came from. Those thinkers who (let's be honest) invented rights out of thin air had to justify them somehow. So, they said they were created by God. Go ahead, check out Locke, or the Declaration of Independence ("...endowed by their creator with certain inalienable rights...").
Sorry for glossing over so much. I didn't want to write a book on the subject, not yet anyway. I'll respond to any e-mails asking for clarifications, fighting over certain points, etc.