Merchant said:
In this context, respecting means about. Which means that Congress cannot make laws about religion.
That's only half the story. "No establishment of religion" means that no religious beliefs - whether they're Muslim, Baptist, Catholic or Pastafarian - can be established by law. Neither can the government show preference to a certain religion or set of religious beliefs.
I think all those churches that are established represent evidence that a religion can in fact be established in this country.
Except that there are no established religions in this country; not even one. And that's the way it should be.
It sounds like that state in this country required people to be religious. They didn't annul that provision until 1917.
The Massachusetts Constitution has no bearing on what can or can't be established in federal government.
It doesn't really seem like we've had separation of church and state in this country since it's founding, especially since the origins of that phrase and legal doctrine come from a letter written in 1802 by Thomas Jefferson.
That's not true. Read my signature line. James Madison's first draft of the Bill of Rights:
"The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretence, infringed."
Source:
http://caselaw.lp.findlaw.com/data/constitution/amendment01/01.html
Jefferson's An Act For Religious Freedom, which was passed in 1786, influenced the discussion on religious freedom.
[T]hat no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no way diminish, enlarge, or affect their civil capacities.
Source:
http://www.geocities.com/ldjandl/thesis/articles_dobbs_freedomofreligion.html#E
The Virginia Declaration of Rights from 1776 also influenced the debate over religious freedom. George Mason, considered to be one of the fathers of the Bill of Rights, wanted to change part of the Declaration's wording to the following:
. . . all men have an equal, natural and unalienable right to be the free exercise of religion, according to the dictates of conscience; and that no particular sect or society of christians ought to be favored or established by law in preference to others.
Source:
http://www.geocities.com/ldjandl/thesis/articles_dobbs_freedomofreligion.html#C
Certainly sounds like the Separation of Church and State to me. By the time Jefferson wrote his Danbury Baptist letter in 1801, the concept of a separation between church and state was not a new concept.
Separation of church and state cannot exist in the relationship of the church to the state if members of the church are allowed to hold public office, because it allows individuals from the church to infiltrate the government. You either have to ban all religious people from public office or allow the breach of separation between church and state.
We have (theoretically) government of/by/for the people. So we all have a stake in government. That is, we are, in a sense, a part of "the state."
More to the point: Church state separation implies and requires that the state maintain a neutral stance toward religion, neither favoring nor penalizing it. What you're describing is a hostile stance toward religion--any religion. It would mean only atheists could hold public office.
When people argue against separation of church and state, what are they saying? That church and state should be co-joined? They don't know, or don't consider history. In Medieval times Popes and Kings competed for temporal powers. There were problems when either one became too powerful.
My spiritual forebears, the early Baptists and the separatist movement whence they came, understood that the church is both a human organization (political, you might say, and fallible) and a divine organism (the body of Christ). Christians can and should let their faith inform their perspective on political issues. BUT--when religious groups don't understand the proper boundaries between church and state, they open themselves up to corruption.
So the government can't impose control over religious institutions? Or can the government impose control over religious institutions if their beliefs break the law?
You just got finished telling me this:
So can the government impose control on religious institutions or not? You seem to be contradicting yourself here, because in one sentence, you say that the government can't impose control over religious institutions, but yet in another sentence, you seem to be advocating that the government form some kind of police force to monitor people's beliefs(!!!) so that they don't violate the law.
That's not what I said. You're either not listening or deliberately trying to obfuscate the issue for argument's sake.
Your black-and-white approach to this issue is like saying that someone's free speech is being violated when a person is sued for slander. It's not free speech when that speech breaks the law by threatening someone or slandering someone's good name. That's not "monitoring" speech but keeping it within reasonable limits.
When a church practices child sacrifice, or marrying children, or marrying more than one person at a time,
that church is breaking the law, and separation protection doesn't apply in that case. How much more clear can I be on that point?
You've pretty much got it.
The First Amendment hasn't changed since it was ratified, so your fear of the government simply changing the rules is unfounded.
Ringo