separation of church and state, religious freedom/religious liberty
What to know
Separation of church and state and religious freedom/religious liberty are terms associated with the American legal tradition and the US Constitution, though disagreement exists over the meaning and uses of these terms. The First Amendment includes both the establishment clause and the free exercise clause. The principle of separation of church and state is derived from the establishment clause, which prohibits the government from encouraging or promoting religion; and the “no religious test” clause, which says religion cannot be used as a requirement for holding public office. The principle of religious freedom is derived from the free exercise clause, which gives people the right to worship or not as they choose.
While these terms derive from the Constitution and the philosophical principles behind it, the phrase “separation of church and state” does not appear verbatim within the text of the original document. It comes from Thomas Jefferson’s famous letter to the Danbury Baptists in 1802 in which he writes “[the] legislature should ‘make no law respecting an establishment of religion, or prohibiting the free exercise thereof,’ thus building a wall of separation between Church & State.” Similarly, the principle of religious freedom was a central theme of the founders’ philosophical commitments when drafting the Constitution and other founding documents.
These terms and their principles have particular meanings and usages in American jurisprudence and constitutional law, and their application has changed through history. For example, many American courts (spurred on by groups like the Federalist Society) have shifted since the 1990s to defending religious individuals’ rights in the face of an increasingly secular society and away from protecting secular people from the imposition of religious beliefs in the public sphere.
The way these terms show up in media and public discourse reflects political shifts and movements as well. For example, the founders’ original intent behind the principle of religious freedom reflects a type of religious pluralism limited mainly to European Christians (which carries into the prioritization of the church in the shorthand of church and state).
Some argue that in recent years, the Supreme Court of the United States (SCOTUS) has shifted away from its historical legal precedent in which religious freedom could not be used to diminish the rights of others. This manifests both in SCOTUS rulings and in conservative political rhetoric that appeals to religious freedom in ways that favor Christian individuals and establishments over religious groups that are less culturally dominant in the US.
This pattern of rulings began in the Burwell v. Hobby Lobby case (2014) in which SCOTUS upheld a privately owned corporation’s right to refuse contraception to employees under the Affordable Care Act on the basis of religious freedom. Note that, apart from this recent conservative usage of religious freedom, some political and religious groups use the term religious freedom more conventionally and without the prioritization of one group over another.
When reporting on separation of church and state and religious freedom issues, being precise about the ways in which subjects within the story are using these terms may help clarify both meaning and the stakes at hand — for instance, explaining that religious freedom is sometimes used as grounds to discriminate against vulnerable communities. Similarly, it may be helpful to note that in the face of significant demographic and societal change, some religious communities (and not only Christian ones) may feel like they are a minority in need of protection from a dominant liberal-secular culture.
Additional resources
- In US, far more support than oppose separation of church and state (Pew Research)
- Under right-leaning Supreme Court, the church-state wall is crumbling (Washington Post)
- Federal law protections for religious liberty (State Department)
- America’s (lack of) separation between church and state, explained (Vox)
Summary
Separation of church and state and religious freedom/religious liberty are terms associated with the American legal tradition and the US Constitution, though the meaning and uses of these terms have changed over time. For instance, many American courts have shifted since the 1990s to defending religious individuals’ rights in the face of an increasingly secular society and away from protecting secular people from the imposition of religious beliefs in the public sphere. When reporting on separation of church and state and religious freedom issues, being precise about the ways in which subjects within the story are using these terms may help to clarify both meaning and the stakes at hand — for instance, explaining that religious freedom is sometimes used as grounds to discriminate against vulnerable communities. It also may be helpful to note that in the face of significant demographic and societal change, some religious communities (and not only Christian ones) may feel like they are a minority in need of protection from a dominant liberal-secular culture.