Separation of Church and State

The Controversy Today
While the Supreme Court’s current position on the separation of church and state protects those of minority faiths or no faith, it often leaves those of majority faiths feeling that their free exercise of religion is being infringed. It is also deeply troubling to those who believe that faith is necessary, or at least conducive, to moral and lawful living. The Court’s position has also become increasingly controversial as the role of government has expanded through the years. Because the government is involved in many aspects of community life today, from maintaining the public school system to administering many social benefits, preserving a strict wall between state and any religious idea pushes religion to the margins of public life. Many Americans believe this is a result the Country’s founding fathers never intended.

Separation of Church and State – Differing Interpretations
There are two main schools of thought as to how the courts should interpret the minimal references to religion in the Constitution and apply them today.

• Original Understanding or Intent – Some Americans believe the courts should make every attempt to discern what the original drafters of the Constitution and First Amendment intended at the time of drafting and apply this intent to today’s circumstances. They argue that this is the law of the land enacted by the people through legal procedure and can be altered only by Constitutional amendment. This view tends to favor a greater level of government accommodation toward religion since it is undisputed that government at the time the Constitution and First Amendment were adopted both recognized and respected religious belief and made many allowances for the religious nature of Americans, including public prayer and Bible reading.
• Moral Understanding or Intent – Others argue that the Constitution reflects certain principles of general morality which courts must translate as best as possible into current reality, adapting as necessary.