The Separation of Church and State Myth

| Posted in Issues of Law and Constitution |

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There is no place in the constitution that contains a separation of church and state statement. This idea is a misrepresentation of the first amendment in which the relationship of government and religion is defined.

“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.”

From the first statement of the amendment “Congress shall make no law respecting an establishment of religion” it is obvious that the government may not have an official religion. We can also infer from the statement that government should not have an unofficial religion by giving preference to a specific religion. Some would also try to infer a separation of state and religion if it were not for the remaining statements within the amendment.

“Or prohibiting the free exercise thereof” which means you have the right to practice your faith without interference. As we continue with the rest of the amendment we may practice our faith in speech, with the written word and openly in assembled groups. These enumerated rights though not limited to religious practice are not excluded from it as part of our rights to practice ones faith. We can infer from this that government may not discriminate against religion either.

What we therefore most conclude is that government may not treat a religious organization any different from any other. To exclude an organization from any resources, largess or opportunity simply because it was religious in nature would be discriminatory and a violation of the first amendment.

If you promote gay rights in school and not give religion the same standing it must be considered a violation of first amendment rights by any logical or fair standard. If a municipality or government agency provides assistance or resources for any public use yet denies the same to religious organizations then this also most be considered as an implied prohibition to open religious practice as if there is something wrong with religion.

Religion must be treated as any other philosophical or lifestyle choice and for government to do otherwise violates the meaning and intent of the first amendment.

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