The separation of church and state is a legal and political principle derived from the First Amendment to the United States Constitution, which reads, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . ." The modern concept is often credited to the writings of English philosopher John Locke, but the phrase "separation of church and state" is generally traced to an 1802 letter by Thomas Jefferson to the Danbury Baptists, where Jefferson spoke of the combined effect of the Establishment Clause and the Free Exercise Clause of the First Amendment. It has since been quoted in several opinions handed down by the United States Supreme Court, though the Court has not always fully embraced the principle.
Early history
Many early immigrant groups traveled to America to worship freely, particularly after the English Civil War and religious conflict in France and Germany. They included nonconformists like the Puritans and Pilgrims as well as Catholics. Despite a common background, the groups' views on religious toleration were mixed. While some such as Roger Williams of Rhode Island and William Penn ensured the protection of religious minorities within their colonies, others like the Plymouth Colony and Massachusetts Bay Colony had established churches. The Dutch colony of New Netherland established the Dutch Reformed Church and outlawed all other worship, though enforcement was sparse. Religious conformity was desired partly for financial reasons: the established Church was responsible for poverty relief, so dissenting churches would have a significant edge.
Former state churches in British North America
Protestant colonies
- The colonies of Plymouth, Massachusetts Bay, New Haven, and New Hampshire were founded by Puritan, Calvinist, Protestants.
- New Netherland was founded by Dutch Reformed Calvinists.
- The colonies of New York, Virginia, North Carolina, South Carolina, and Georgia were officially Church of England.
Catholic colonies
- When New France was transferred to Great Britain in 1763, the Roman Catholic Church remained under toleration, but Huguenots were allowed entrance where they had formerly been banned from settlement by Parisian authorities.
- The Colony of Maryland was founded by a charter granted in 1632 to George Calvert, secretary of state to Charles I, and his son Cecil, both recent converts to Roman Catholicism. Under their leadership many English Catholic gentry families settled in Maryland. However, the colonial government was officially neutral in religious affairs, granting toleration to all Christian groups and enjoining them to avoid actions which antagonized the others. On several occasions low-church dissenters led insurrections which temporarily overthrew the Calvert rule. In 1689, when William and Mary came to the English throne, they acceded to demands to revoke the original royal charter. In 1701 the Church of England was proclaimed, and in the course of the eighteenth century Maryland Catholics were first barred from public office, then disenfranchised, although not all of the laws passed against them (notably laws restricting property rights and imposing penalties for sending children to be educated in foreign Catholic institutions) were enforced, and some Catholics even continued to hold public office.
- Spanish Florida was ceded to Great Britain in 1763, the British divided Florida into two colonies. Both East and West Florida continued a policy of toleration for the Catholic Residents.
Colonies with no established church
- The Province of Pennsylvania was founded by Quakers, but the colony never had an established church.
- West Jersey, also founded by Quakers, prohibited any establishment.
- Delaware Colony had no established church.
- The Colony of Rhode Island and Providence Plantations, founded by religious dissenters forced to flee the Massachusetts Bay colony, is widely regarded as the first polity to grant religious freedom to all its citizens.
Tabular Summary
^Note 1: In several colonies, the establishment ceased to exist in practice at the Revolution, about 1776; this is the date of permanent legal abolition.
^Note 2: in 1789 the Georgia Constitution was amended as follows: "Article IV. Section 10. No person within this state shall, upon any pretense, be deprived of the inestimable privilege of worshipping God in any manner agreeable to his own conscience, nor be compelled to attend any place of worship contrary to his own faith and judgment; nor shall he ever be obliged to pay tithes, taxes, or any other rate, for the building or repairing any place of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or hath voluntarily engaged. To do. No one religious society shall ever be established in this state, in preference to another; nor shall any person be denied the enjoyment of any civil right merely on account of his religious principles."
^Note 3: From 1780 Massachusetts had a system which required every man to belong to a church, and permitted each church to tax its members, but forbade any law requiring that it be of any particular denomination. This was objected to, as in practice establishing the Congregational Church, the majority denomination, and was abolished in 1833.
^Note 4: Until 1877 the New Hampshire Constitution required members of the State legislature to be of the Protestant religion.
^Note 5: The North Carolina Constitution of 1776 disestablished the Anglican church, but until 1835 the NC Constitution allowed only Protestants to hold public office. From 1835-1876 it allowed only Christians (including Catholics) to hold public office. Article VI, Section 8 of the current NC Constitution forbids only atheists from holding public office. Such clauses were held by the United States Supreme Court to be unenforceable in the 1961 case of Torcaso v. Watkins, when the court ruled unanimously that such clauses constituted a religious test incompatible with First and Fourteenth Amendment protections.
^Note 6: Religious Tolerance for Catholics with an Established Church of England was policy in the former Spanish Colonies of East and West Florida while under British rule.
^Note 7: Religious tolerance for Catholics with an established Church of England was policy in the former Spanish Colonies of East and West Florida while under British rule.
^Note 8: In Treaty of Paris (1783), which ended the American Revolutionary War, the British ceded both East and West Florida back to Spain (see Spanish Florida).
^Note 9: Tithes for the support of the Anglican Church in Virginia were suspended in 1776, and never restored. 1786 is the date of the Virginia Statute of Religious Freedom, which prohibited any coercion to support any religious body.
Colonial support for separation
The Flushing Remonstrance shows support for separation of church and state as early as the mid-17th century. The document was signed December 27 1657 by a group of English citizens in America who were affronted by persecution of Quakers and the religious policies of the Governor of New Netherland, Peter Stuyvesant. Stuyvesant had formally banned all religions other than the Dutch Reformed Church from being practiced in the colony, in accordance with the laws of the Dutch Republic. The signers indicated their "desire therefore in this case not to judge least we be judged, neither to condemn least we be condemned, but rather let every man stand or fall to his own Master." Stuyvesant fined the petitioners and threw them in prison until they recanted. However, John Bowne allowed the Quakers to meet in his home. Bowne was arrested, jailed, and sent to the Netherlands for trial; the Dutch court exonerated Bowne.
New York Historical Society President and Columbia University Professor of History Kenneth T. Jackson describes the Flushing Remonstrance as "the first thing that we have in writing in the United States where a group of citizens attests on paper and over their signature the right of the people to follow their own conscience with regard to God - and the inability of government, or the illegality of government, to interfere with that."
Given the wide diversity of opinion on Christian theological matters in the newly independent American States, the Constitutional Convention believed a government sanctioned (established) religion would disrupt rather than bind the newly formed union together. George Washington wrote in 1790 to the country's first Jewish congregation, the Touro Synagogue in Newport, Rhode Island to state:
All possess alike liberty of conscience and immunities of citizenship. It is now no more that toleration is spoken of, as if it were by the indulgence of one class of people, that another enjoyed the exercise of their inherent natural rights. For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance requires only that they who live under its protection should demean themselves as good citizens, in giving it on all occasions their effectual support.
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