The True Meaning of the First Amendment
From the Alliance
Defense Fund
To
believe that the Constitution
requires a total separation of church and state is to believe a lie. Nowhere in
the Constitution, the Declaration of Independence, or any
other founding documents of this nation will one find the phrase so often used
today, “separation of church and state.”
Rather, the First Amendment
to the U.S. Constitution specifically provides
that, “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.”
Significantly, the phrase “separation of
church and state” is not even mentioned in the Congressional Record from June
7 to September 25, 1789, the period that documents the months of discussions
and debates of the 90 men who framed the First
Amendment. Had separation been the intent of the First Amendment, it seems logical that the phrase would have been
mentioned at least once.
Even
so, no doubt exists that the framers of the Constitution
intended that there be a differentiation between the church and the government,
thus the words, “Congress shall make no
law respecting an establishment of religion, or prohibiting the free exercise
thereof.” The church and the government were to be separate and distinct,
yet both were to cooperate with each other.
As
evidence that our founding fathers understood the interplay of religion and
government, not the separation thereof, note the following quotations:
George
Washington: “It is impossible to rightly govern
the world without God and the Bible.”
Thomas Jefferson: “The Bible is the cornerstone of liberty. . . . Students’
perusal of the sacred volume will make us better citizens, better fathers, and
better husbands.”
Andrew
Jackson: “That Book [the Bible] is the
rock on which our Republic rests.”
Ulysses
S. Grant: “Hold fast to the Bible. . . . To the
influence of this Book we are indebted for all the progress made in true
civilization and to this we must look as our guide in the future.”
The
Christian heritage of this nation, as well as the influence of the truths of
Christ and His Word in our nation’s government, is evidenced not only in the
words of our founders, but in the government buildings themselves; for example:
The Ten Commandments hang over the head
of the chief justice of the Supreme Court.
In
the House and Senate chambers appear the words, “In God We Trust.”
On
the walls of the Capitol dome appear the words, “The New Testament according to the Lord and Savior Jesus Christ.”
Engraved
on the metal cap on the top of the Washington Monument are the words “Praise be to God,” and numerous Bible verses line the walls of the
stairwell.
The
Eighty-third Congress set aside a room in the Capitol Building exclusively for
the private prayer and meditation of members of Congress.
Despite the
claims of many, Jefferson’s “wall of separation” does not mean, and was not
meant to mean, the exclusion of people of faith from impacting, participating
in, or shaping government. Rather, it referred to the limit of the federal
government from exercising any authority in matters of religion.
The phrase “separation of church and state” was not used to the detriment
of people of faith until the Supreme Court picked it up in 1947 in Everson v. Board of Education. But even the Supreme Court acknowledges
the significant role Christianity played in the founding of our country, as
well as the influence of Christian teaching on our nation. Consider the following
statements
from
various Supreme Court opinions.
1892
Church of the Holy Trinity v. United States:
“Our laws and our institutions must necessarily be based upon and embody the
teachings of the Redeemer of mankind. It is impossible that it should be otherwise,
and in this sense and to this extent our civilization and our institutions
are emphatically Christian.”
1971
Lemon v. Kurtzman: “Separation is not
possible in the absolute sense. Some relationship between government and
religious organizations is inevitable.”
1985
Wallace v. Jaffree: “The ‘wall of
separation between church and state’ is a metaphor based on bad history, a
metaphor which has proved useless as a guide to judging. It should be frankly
and explicitly abandoned.”
Student’s
Rights
Since its
ratification in 1791, the First Amendment
has guaranteed, not prohibited, religious freedom in America. Therefore,
America’s children who attend the nation’s public schools have, among others,
the rights of religious speech and expression outlined below:
· Students
MAY pray, evangelize, read Scripture,
distribute literature, and invite fellow students to participate so long as
such actions are truly initiated by the student, are truly voluntary, and are
not disruptive or coercive.
· Students MAY express their religious views during a class discussion, in written or oral reports, or as a part of an assignment so long as the expression is relevant to the subject under consideration and meets the requirements of the assignment.
· Students MAY study the Bible and perform religious songs as a part of a secular program of education if the school should choose these as a part of its curriculum.
· Students MAY form religious clubs if the school allows at least one other non-curriculum-related club to meet during non-instructional time and must be given full access to all school facilities, resources, and equipment used by secular student clubs.
· Students
MAY wear clothing or jewelry displaying religious messages to the same extent
that other messages are permitted.
Rights
of Churches
Here
is a list of what churches can and cannot do regarding “political” activity and
maintain their tax-exempt, nonprofit status:
· Churches CAN conduct nonpartisan voter registration/education drives.
· Churches CAN host candidate forums where all are invited and treated impartially.
· Churches CAN rent a church mailing list (at market value) to a candidate.
· Churches CAN publish neutral news stories on political candidates, including information regarding public endorsements candidates have received from a variety of organizations.
· Churches CAN invite a political candidate to attend a church service or meeting, as long as other candidates have the same opportunity and no church representative endorses or solicits funds on behalf of a candidate.
· Churches CANNOT endorse a political candidate.
· Churches CANNOT make an outright donation of a mailing list to a candidate.
· Churches CANNOT participate in fundraising projects for political action committees.
· Churches CANNOT sell a political ad at a discount rate if no other advertisers are offered the same discount.
· Churches CANNOT pay to attend a caucus for a state or national political convention.
· Churches
CANNOT make in-kind or independent expenditures in favor of or against
candidates.
Conclusion
In
conclusion, pastor and author John Piper is on target in saying, “The First Amendment has been so twisted in
the service of secular antagonists as to make it the warrant of harassment
against Christians.”
We hope that this brief overview
of what the First Amendment really
means will empower you to boldly claim your freedom to express your
faith.
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The above article is from the
Alliance Defense Fund website www.alliancedefensefund.org. The Alliance Defense
Fund (ADF) is a legal alliance defending the right to hear and speak the Truth
through strategy, training, funding, and litigation. ADF was founded for a
unique purpose of aggressively defending religious liberty by empowering their
allies, recognizing that together, we can accomplish far more than we can
alone.