Dear Senator,
When Jefferson deliberated over how our government ought to be created, he envisioned a “wall of separation” between religious institutions and the national government that would effectively prevent any involvement of the religion in government and vice versa. However, Thomas Jefferson’s philosophical doctrine has had to face the complexity of religious-political quandaries, and as a result, may have been watered down. It is my belief that today’s members of the legislative branch ought to concern themselves more with striving for a secular government, by separating religious affiliation or rhetoric from their daily jobs, which include communicating to constituents and considering bills for passage. In order to provide a context for my sentiments, it is necessary to understand government’s role in either strengthening or weakening church and state separation. What actions has our government taken in the last century that have brought it to its current condition of church and state separation?
In the First Amendment, the “establishment clause” states that the government may not pass laws that intend to create a national religion. In order to prevent the Framers’ fear of excessive entanglement between government and religion, the Supreme Court has adopted a number of tests to determine whether an action violates the establishment clause. The so-called Lemon test, based on the Lemon v. Kurtzman case, has the most notable of establishment clause tests. Its three criteria are that a law must have a secular purpose, it must not advance or inhibit religion, and it cannot cause excessive entanglement between religion and government. The Lemon test has been influential since its conception in its namesake 1971 court decision. I would urge you to adopt this method of legal scrutiny as a standard for all potential laws you consider.
Many scholars would agree that religion plays little influence in contemporary law. For example, the 1992 Lee v. Weisman decision actually forbade nonsectarian prayers from being recited at public school graduations. In addition, the recitation of a voluntary prayer in public school was struck down in 1962 in Engel v. Vitale. This decision, despite being made by the Supreme Court and not Congress, is nonetheless a significant advance towards secularism in public institutions. Further back in the U.S. history, the 1878 Reynolds v. U.S. case determined that religious duty is not a defense for criminal indictment. This decision actually polygamy based on religious obligations, with the reasoning that permitting it because it is a religious law would force the acceptance of other harmful religious practices, including sacrifice. The Roe v. Wade decision in 1973 also demonstrates the separation of church of state in that it determined abortion a constitutional right, a belief that lies contrary to many religious doctrines. These two cases are examples, I believe, of the proper government action in response to church and state-related debate.
Despite the passage of a number of laws limiting the mixing of religion and government’s secular intent, some scholars contend that religion has played a relatively strong role in public affairs. In the Engel v. Vitale case, for instance, twenty-two state governments wrote in to the Supreme Court to express their desire that school prayer stay constitutional. Our currency also does not undermine this point. Since the 1860’s, US currency has been inscribed with religious phrases like “In God We Trust,” which specifically has evoked protest due to its promotion of monotheistic religion. Eventually in 1956, the United States passed the aforementioned phrase as our national motto. Another thing that reinforces the perception of weak separation of church and state is President Eisenhower’s 1954 speech which pertains to the “In God We Trust” debate, in which he declares that through establishing it as the national motto, “[we] are reaffirming the transcendence of religious faith in America’s heritage and future.” It is a necessity that falls on the hands of you, Mr. Senator, to erase these past condonements of religion within the U.S. government through your own actions as well as those of your fellow lawmakers.
The extent to which our government and court system is influenced by religion has varied throughout U.S. history, but we have been consistent in allowing religious doctrine and rhetoric to seep into political discourse too much. Despite the evidence that intimates a lack of church and state interaction, as in the Lee v. Weisman decision, there is little doubt as to the leverage of religion in major American political decisions. It is up to you, Senator, to correct these past wrongs and lead America down the path that our Framers would see fit; that is, to end the wrongful influence of religious ideology in the United States government.
-The Essential Advocate