Separation of Church and State? Not on the 2012 Campaign Trial

Below is today’s column in the Washington Post (Sunday) exploring the growing infusion of religious pitches and policies in the presidential campaign. With the anniversary this week of the Danbury letter, this is a particularly good time to take account of the condition of the wall of separation. Today is also the day of the “Red Mass,” the annual religious service held with members of the Supreme Court before the start of their term and leading Republican and Democratic politicians. While the separation of church and state is not mentioned in the Constitution, this exchange cemented the phrase in our legal and cultural lexicon. The piece below does not delve into the meaning of the First Amendment and whether it can be read broadly or narrowly given its language and history. Even if one accepts that the establishment clause was only designed to prevent the creation of an official church, there remains the long-standing principle in politics and government against the intermingling of church and state. To put it simply, religion is back in politics. While the targeted religious minorities may have changed from Baptists to Muslims, the fight over separation has resumed with the same politicized piety that once tore this country apart.

Separation of Church and State? Not on the 2012 Campaign Trial

On Oct. 7, 1801, three men wrote to the new president of the United States on behalf of their Baptist congregation in Connecticut. The letter from the Danbury Baptist Association is most famous not for its content but for the response it generated from Thomas Jefferson, who described“a wall of separation between Church & State.” The Baptists’ letter, however, deserves far greater consideration, particularly in our current political climate.

Some 210 years ago, this deeply religious group stepped forward to denounce faith-based politics and “those who seek after power and gain under the pretense of government and religion.” As reflected in the letter, it is a struggle that has existed from the nation’s founding, with politicians periodically calling upon the faithful to testify through their votes.

Those calls have generally triggered concern over the entanglement of government and religion. When the Catholic John F. Kennedy was opposed as a “papist,” for instance, he defused the criticism with a speech on the separation of church and state.

Much of that concern seemed to vanish, however, with George W. Bush and his faith-based politics. Now, religious and even sectarian pitches have become commonplace and expected on the campaign trail, even as more Americans identify themselves as secular or non-denominational. The fears of the Danbury Baptists appear to have been realized, with political campaigns, federal programs and judicial decisions moving away from a clear separation of church and state.

On any given night, listening to the presidential candidates could easily lead voters to believe that they are listening to a campaign for an ecclesiastical rather than presidential office. It is now expected that candidates will offer accounts of personal salvation and implied divine guidance. At a speech in mid-September at Jerry Falwell’s Liberty University, for instance, Texas Gov. Rick Perry spoke of his “faith journey” and told students to “trust that God wouldn’t have put you here unless he had a unique plan for your life.” Two weeks ago, Perry extended a call for people to pray for President Obama and ask God “to give him wisdom, to open his eyes” to save the country.

Newt Gingrich has set out to claim his share of the faithful by attacking the faithless. In a speech in March, he promised to protect America from atheists, secularists and, incongruously, Muslims: “I am convinced that if we do not decisively win the struggle over the nature of America, [my grandchildren] will be in a secular atheist country, potentially one dominated by radical Islamists and with no understanding of what it once meant to be an American.”

Meanwhile, former senator Rick Santorum and Rep. Michele Bachmann have spoken out against the very notion of separation of church and state. Bachmann told a large youth ministry group a few years ago that religion is supposed to be part of government: “[Public schools] are teaching children that there is separation of church and state, and I am here to tell you that is a myth. That’s not true.” Santorum has recounted how, as a Catholic, he was “appalled” by Kennedy’s “radical” statement that he believed in a wall of separation.

Mitt Romney, as a candidate on the national stage, has had to thread the needle of appealing to the religious right while avoiding a backlash over his Mormon faith. The result has been some awkward moments for the former Massachusetts governor, including a speech during his 2008 campaign in which he assured voters that “I believe that Jesus Christ is the son of God and the savior of mankind.”

In the 2008 race, Democrats moved to reclaim religious voters by adopting religious rhetoric and theopolitical policies. Churchgoers had represented 41 percent of the electorate in 2004, and 61 percent of them voted for Bush. Obama set out to change that percentage in favor of his own party and enthusiastically embraced faith-based politics. He proclaimed his intention to be “an instrument of God” and to create “a Kingdom right here on Earth.” Even the title of his book “The Audacity of Hope” was taken from sermons by his controversial spiritual adviser, the Rev. Jeremiah Wright Jr.

Like his Republican counterparts, Obama has denounced secularists — and, implicitly, their view of complete separation of church and state. He has chastised people who object to the religiosity that has become the norm in American politics. “Secularists,” he once insisted, “are wrong when they ask believers to leave their religion at the door before entering into the public square.”

After taking office, Obama expanded the scope of Bush’s controversial faith-based programs. At his inauguration, he attempted to appeal to conservative religious voters by asking minister Rick Warren to give the invocation. Warren’s book “The Purpose Driven Life” seemed perfect for Obama’s faith-infused, purpose-driven politics.

This is all a far cry from Jefferson, who refused to issue Thanksgiving Day proclamationsbecause he thought it would violate the establishment clause. Later, Andrew Jackson also declined to declare days of Thanksgiving or fasting out of the same concern. The 1797 Treaty of Tripoli, signed by John Adams and approved by George Washington and the Senate, included a statement that “the Government of the United States of America is not in any sense founded on the Christian Religion.”

It is doubtful that Washington and Adams, let alone Jefferson, would fare well today espousing such sentiments. Indeed, tea party favorite Sarah Palin has said that “hearing any leader declare that America isn’t a Christian nation” is positively “mind-boggling.”

In today’s theopolitical world, it is hard to see where God ends and Mammon begins. For example, Perry was asked this summer not just whether he prayed but what he prayed for. Easy, he responded. He asks God to guide Obama to “turn back the health-care law . . . ask that his EPA back down these regulations that are causing businesses to hesitate to spend money.” While some may find it difficult to imagine praying for pollution, that misses the point. The key for Perry was to erase the distinction between prayer and politics.

Emphasizing religion in politics tends to deemphasize the responsibility of politicians for their decisions. Last spring, Perry was facing a devastating drought, state-wide wildfires and criticism that Texas had underfunded firefighting units. He issued an official order proclaiming three “Days of Prayer for Rain in the State of Texas.”

In this climate, it is remarkable to read the letter of the Danbury Baptists, warning that it “is not to be wondered at therefore; if those who seek after power and gain under the pretense of government and religion should reproach their fellow men — should reproach their order magistrate, as a enemy of religion, law, and good order.”

One problem with mixing religion and politics is that it quickly becomes a competition for demonstrating fealty to the faith, including promises of favoritism for mainstream religions or, conversely, discrimination against minorities. Republican presidential candidate Herman Cain has spoken of not wanting Americans “to lose our Judeo-Christian identity” and said earlier this year that he would not be comfortable appointing Muslims to his Cabinet — a position he later withdrew and apologized for after meeting with Muslim leaders.

Despite polls showing that 66percent of Americans support “a clear separation of church and state,” those Americans do not seem to be motivating politicians or shaping politics. Indeed, Democratic strategists believe that secularists have nowhere to turn — which means Obama can court religious voters without fear of losing others’ support. The result is that the 34 percent who do not support separation seem to drive the political agenda.

The danger of explicit appeals to faith in politics isn’t the establishment of an official religion; that remains highly unlikely. Rather, faith-based politics can become faith-based laws that enforce morality codes, expand public subsidies for religious institutions or sideline religious (or non-religious) minorities. Most important, our political-religious climate threatens to replace a campaign for the best policies with a contest of the most pious.

As our politicians move away from separation principles, the courts inevitably follow suit. We now appear to have (or be close to having) a majority of anti-separation Supreme Court justices who favor a type of state-supported monotheism. Justice Antonin Scalia wrote in a 2005 dissent that there is a clear majority on the court that opposes “the demonstrably false principle that the government cannot favor religion over irreligion.” He noted that “the three most popular religions in the United States, Christianity, Judaism, and Islam — which combined account for 97.7% of all believers — are monotheistic.”

Even as the world recoils from the extremism of religious-based groups and political systems in places such as Iran and Pakistan, the United States is gradually erasing the bright line that has existed for decades between religion and government. While religious instability and strife in countries around the globe should reinforce the values of separation and the message of the Danbury Baptists, instead politicians are selling themselves as the Judeo-Christian answer to a troubled world; confident, as Perry put it recently, that “He has me here at a time such as this.”

Politicized piety is at the heart of the 2012 campaign. We need to rebuild the wall between church and state that has long protected us from ourselves. The question is: Do we have enough faith in secular government to get it done?

Jonathan Turley is the Shapiro professor of public interest law at George Washington University.

93 thoughts on “Separation of Church and State? Not on the 2012 Campaign Trial”

  1. Rafflaw:

    “You and Cattulus are making me hungry!”

    *************

    That would make you Ambroisa — or King Midas. Take your pick!.

  2. Professor Turley,

    Excellent post.

    Newt Gingrich has set out to claim his share of the faithful by attacking the faithless. In a speech in March, he promised to protect America from … Muslims: “I am convinced that if we do not decisively win the struggle over the nature of America … will be in a secular atheist country, potentially one dominated by radical Islamists and with no understanding of what it once meant to be an American.”

    Too late Newtster, “no understanding of what it once meant to be an American” has already happened to the plutonomy.

    No wonder you praised Obama for dusting al-Awalaki.

    But many do not know that al-Awalaki was the Imam at George Washington University where Professor Turley teaches law.

    Is the professor next Newtster?

  3. mespo727272–straying off topic….your references to Apollo and Poseidon placed my mind on the path of Greek mythology and I arrived, for some reason, at Eros and I thought of Zenodotus’ “Statue of Eros”:

    Who carved Love
    and placed him by
    this fountain,
    thinking
    he could control
    such fire
    with water?

    I plan on embracing Thanatos later on today, with a tasty meal of slow-cooked barbecued ribs, a few (perhaps more) fine vodka martinis and an indolent afternoon of watching ritualized tribal combat, AKA NFL Football.

  4. http://www.youtube.com/watch?v=SKLtY45D2JU

    http://www.youtube.com/watch?v=mWUptVHNfvw

    Reasoning based upon belief instead of empirical fact is prime facie faulty and no way to manage society let alone a society facing the challenges presented by the modern world. You cannot pray away global warming. You cannot pray away the population bomb. You cannot pray away the decline of potable water. You cannot pray away the global food crisis. You cannot pray away radiation after a nuclear war. You cannot pray the dead back to life after a pandemic, biological warfare or a “biological accident”. You cannot pray away the horror of chemical warfare. You cannot pray away the damage of child abuse. You cannot pray away the damage of the physically and mentally ill not getting treatment so some insurance company buffoon can afford his yacht. You cannot pray away injustice. You cannot pray way inequity. You cannot pray away people from different cultures or of different races or different creeds.

    You cannot pray away any problem.
    Not of you want a positive solution not left to random chance.
    If you like to and it provides you comfort, by all means, pray about these problems.
    But if you want them fixed?
    You’d better be ready to get off your ass and look for practical solutions.
    All evidence points to God helping those who help themselves if He is not simply indifferent about the future of the human species or simply non-existent.

    Systems that manage a society like law need to be grounded in the hard harsh reality of fact, not the nebulous hopes and wishful thinking of theology.

    A secular state is a buffer against error in decision making.

  5. @ Catullus:

    good post. horrible but true.

    I never thought I would see the day when an American citizen would be executed by an American president without even an attempt at due process. I had problems with the OBL murder but in his case, it was pretty clear that he was the “mastermind” behind 9/11. As for Aw-Laki…..

    The jubilation at Aw-Laki’s murder makes me sick to my stomach.

  6. mespo,

    how can you graduate up….if you are in the bottom…sucking the swill of the sirens….

  7. We believers in dual deism…..(not to be confused with Dewey decimal)….Oak unlike people, at least has value…

  8. Catullus:

    ” O-Bomb-a is indeed and “instrument of God”, because he can determine the guilt or innocence of Americans from 7000 miles away and destroy them with mighty thunderbolts from heaven above.

    ********************
    That would make him Apollo, but a good thought nonetheless. If he’d just use those submarines more, he could graduate up to Poseidon.

  9. Great article, Prof. Turley.

    One of the reasons I couldn’t vote for Obama was his repeatedly saying “God Bless the United States of America” at the end of every speech.

    First, I believe he is a hypocrite. I do not think he believes in God or is religious in any way. At least when GWB used words like this, he was sincere.

    Second, I believe in a sold brick wall between church and state.

    I am wracking my brain and trying to remember when it became politically necessary to invoke God and/or his/her blessings in order to be elected president. I don’t remember other presidents before GWB invoking God’s blessing. When did this practice start?

    This situation is extremely frightening to me. With the glorification of ignorance, attacks on science, evolution, etc., I feel like we are regressing as a nation back to pre-Enlightenment days. Very very scary.

  10. AY–“Are you propounding worshiping oak trees..”

    Sounds rather compelling; at least the oak tree provides things I can actually use, such as shade, fuel and acorns.

  11. O-Bomb-a is indeed and “instrument of God”, because he can determine the guilt or innocence of Americans from 7000 miles away and destroy them with mighty thunderbolts from heaven above.

  12. “The question is: Do we have enough faith in secular government to get it done?”

    **************

    While a pithy conclusion, it pays homage to the exact problem Jefferson addressed to the good churchmen of Danbury. He was no believer in blind faith as he clearly understood it’s real beneficiaries — and it was not its subscribers.*

    The real question is: Will we trust in our experience and reasoned pragmatism hard earned for over 200 years or adopt the ignorance, superstition, and dogma of the First Century to fashion the solution to the problems of today?

    Like, Jefferson I know the true beneficiaries of each philosophy.

    *”This doctrine [‘that the condition of man cannot be ameliorated, that what has been must ever be, and that to secure ourselves where we are we must tread with awful reverence in the footsteps of our fathers’] is the genuine fruit of the alliance between Church and State, the tenants of which finding themselves but too well in their present condition, oppose all advances which might unmask their usurpations and monopolies of
    honors, wealth and power, and fear every change as endangering the comforts they now hold.”

    ~Thomas Jefferson: Report for University of Virginia, 1818.

  13. dredd,

    “…either get my drift or don’t.”

    Are you propounding worshiping oak trees or just plain ole drift wood….There is merit in Oak….as it has more flavor when used in smoking…Cypress…not so good….

    But here is a link to some good woods to use to smoke:

    http://www.deejayssmokepit.net/Woods.htm

  14. Robert E. Stage Jr. 1, October 2, 2011 at 2:11 am
    ========================================

    Well, what religion would you choose as the state religion?

    The 450 some odd denominations of Protestantism, in just the US, are at each other’s throats over such spiritual things as whether a lectern must be made out of a holy wood from the holy land, or to the contrary if fiberglass passes spiritual muster.

    Add Catholics and some would say “the Pope is infallible” which might conflict with some Protestants who think “the king can do no wrong”.

    I won’t add the torque Judaism, Islam, and Buddhism would add to that toxic mix, because you either get my drift or don’t.

  15. I think Newt is a bit confused.

    Secular atheism and radical Islam are mutually exclusive terms; therefore there is no probability of the US being simultaneously dominated by either.

    Perhaps he will tell the next audience that he can help solve the energy problem by mixing oil and water at a 50/50 ratio, thereby doubling the known oil reserves overnight.

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