Friday, September 18, 2015

Does Separation of Church and State Exist?

Still interested in the relationship between the Pope and the United States government, I continued to research the implications of a papal visit and the incidents that occurred when other significant international figures visited Congress. I also want to consider some of the comments left by my peers that are connected with my previous post.
First I want to review what separation of church and state means. Thomas Jefferson, as president, wrote a letter that contains the first known reference to the "wall of separation". He states in part: "...I contemplate with solemn reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church and State..." During the 1810's, President James Madison wrote an essay titled "Monopolies" which also refers to the importance of church-state separation. He stated in part: "Strongly guarded as is the separation between religion and Government in the Constitution of the United States, the danger of encroachment by Ecclesiastical Bodies may be illustrated by precedents already furnished in their short history." (http://www.religioustolerance.org/scs_intr.htm)
The US Supreme Court has interpreted the First Amendment as if it requires this "wall of separation" between church and state. It not only prohibits any government from adopting a particular denomination or religion as official, but requires government to avoid excessive involvement in religion. This later portion is a major concern, especially when one looks at the amount of tax payer dollars that were spent when Pope John Paul II came to the United States in 1987. Americans United specifically cites a ruling in a U.S. Court of Appeals case in 1980 that found that the city of Philadelphia violated the Establishment Clause by spending over $200,000 in taxpayer money to adhere to the Pope’s mass. "The court noted that these were 'extraordinary expenditures, all a kind never offered to other organizations, religious or non-religious (Smith).” The extra specialties that the Pope received violated the religious favoritism that the Constitution was supposed to protect.
The city of Philadelphia is trying extra hard to ensure that there is no special treatment for the Pope other than what would be given to a visitor of his magnitude. However, where does one decide to draw that line. The Pope is in a unique position in that he is not only a major religious leader, but he is also a head of state. It is difficult to determine where his opinions should matter as a politician versus where they are considered being too religiously based. This leads us to the question of whether or not it is even possible to make governmental decisions without being at least slightly influenced by a religious belief. Religious beliefs are closely linked to moral beliefs and a good politician would not pass legislation if they believed it to be morally wrong.
The Pope plans on discussing environment related problems with Congress, but he is being criticized by those who say that the papal role should concentrate on religious matters. He is using his important role to influence more than just what is asked of him as a leader of a major religious organization. While some complain, others welcome his help because he not only has the ability to directly reach out to those that can make great impact, but he can use moral and religious beliefs to persuade those that are not linked to government actions. He is not coming into the meeting with Congress as an expert in the environment but merely someone with an opinion who has the ability to make an impact due to his connection to a certain religion. This is where I believe a line is being crossed- to allow a figure who is specifically known for his religious beliefs to come and talk to Congress about nonreligious matters is a violation of the separation between church and state.
One in five Americans identifies as Catholic and Pope Francis will be addressing a Congress that is 30 percent Catholic. Congressmen are being cautioned to treat the Pope in specific, polite ways. Steve Schmidt, a veteran GOP political operative, says in reference to a possible tension of the Pope’s beliefs, and certain Congressmen’s beliefs, “If the Pope wants to talk to you, you don’t have a choice. None of the [presidential] candidates will be in control of the dynamic. He outranks all of them, from a protocol perspective and a moral authority perspective.” It is absurd to claim that a visitor to our country outranks those that make the laws. He is here because of his religious beliefs, and that is how he came to be so well known. He is simply using those religious beliefs to try to make changes in areas in which he is not welcome in a country that claims to separate religious beliefs and government decisions.
In 1960, President John F. Kennedy struggled to convince American voters that as President, he would answer to them, not Rome, reassuring them that "I believe in an America where the separation of church and state is absolute; where no Catholic prelate would tell the president — should he be Catholic — how to act (Brodesser-Akner)." I personally hope that Congress follows in Kennedy’s footsteps and that Pope Francis does not overstep his power. However, looking at his topics of discussion with Congress it appears that he may try some persuasive tactics to influence those who can make a legitimate change.
I will continue to follow the Pope’s visit through to continue to see how it affects decision making within Congress. I understand that the separation of church and state is a near impossible concept but it is one to be cautious of and I am interested in seeing if the line becomes blurred due to the first meeting of the Pope and Congress.
http://atr.rollcall.com/poll-francis-messages-resonates-u-s-catholics-latinos/?dcz=
http://www.politico.com/story/2015/09/john-boehner-pope-francis-visit-washington-213454
http://blogs.rollcall.com/hawkings/time-pope-catholic-plurality-congress-achieves-partisan-balance/?dcz=

1 comment:

Unknown said...

I think that you make a very good point when referencing the amount of taxpayer money used in the 1987 papal visit. It seems as though the legal lines become blurred when Popes visit Philadelphia either because of the strong Irish Catholic and Italian Roman Catholic populations there or because he is also a head of state. That brings me to your second point about the pope being both a a high ranking religious figure and a head of state. Maybe in order to see where his duties as a politician lie it would be important to see what type of executive powers he actually has in Vatican City. Over all this post was enlightening to me.