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Separation of Church and State
by
Edwin Kagin
Lecture given at Marshall University
October 22, 1996
I am a secular humanist. I got that way primarily by reading this
book, the Holy Bible. This is the one put out by the Gideons. It's
the 1611 edition known as the King James Version. Fundamentalists
believe that this is the only authorized gospel, the only Word of
God. It was written in 1611 under the auspices of King James the
First of England, a homosexual, and is used as the authority for the
fundamentalist church. My father was a Presbyterian minister and I
was raised deeply into this book. I understand it: if you want to
talk the Bible, we can talk the Bible. If you want to debate the
Bible, we can debate the Bible.
I have also studied the Constitution of the United States of
America, and the principles upon which the republic was founded. I
understand the laws upon which this country was founded. One of the
reasons that secular humanist alliances have sprung up on various
college campuses recently is that there is a new and very dramatic
movement in this country toward getting away from some very important
things that America was founded on. There are people today who are
trying to impose upon America, upon a free democracy, their ideas
that America is a Christian nation. Not only that it is a Christian
nation, but that it is their kind of Christian nation. And
to that end, we are to have prayers in public schools, mandated by
law. We are to teach creationism, not evolution. We are to go
backwards to the days of the theocracy.
Some years before the authoring of the American Constitution,
there were witch trials in Salem Massachusetts. By the way, there
were no witches burned in America -- that's a myth. Witches were
hanged -- they hanged quite a few too, several dozen. And primary
among the evidence was what was known as spectral evidence. That's
where someone would come and say an angel or a demon appeared to me
and told me Mary So-and-So is having an affair with the Devil. And
based upon this evidence, they were hanged. So ultimately, the
governor of Massachusetts prohibited that kind of evidence in a
trial.
Prior to the development of our Constitution, many states,
including Virginia and Connecticut and other states, had language in
their constitutions saying that the governments of those states were
based upon Christian principles. Sounds good, doesn't it? Well, if
you didn't go to the right church, and the right church was a
Congregationalist church, they'd find you and come and talk to you.
You could be accused and convicted of a crime called
Sabbath-breaking. If you did it again, you could go to jail. You'd be
put in the public stocks. There were many people who didn't want to
attend a Congregationalist church -- there were some Catholics, there
were some Baptists, there were some Anabaptists. There were all sorts
of different religions which had different views.
We get the impression in history, especially around Thanksgiving
time, that the Puritans were a bunch of righteous people who came to
America seeking religious freedom. In point of fact, the Puritans
came from England after their regime was overthrown in what was known
as the Restoration. They chopped off the head of their king, Charles
the First. Then a very strict religious theocracy under Oliver
Cromwell was set up in England. They closed the theaters. The
Puritans were in complete control. It was said that a Puritan was
someone who suspected somewhere, somehow, there might be someone who
was still happy. So a very rigid system of belief was imposed upon
the people. After a while, the English got tired of it, and they
brought back Charles the First's son Charles the Second from France.
He opened the theaters, and things got happy again. The Puritans, not
content with this, leave and sail on the Mayflower to the New World.
While off the shores of America, they form what is know as the
Mayflower Compact. You will hear fundamentalists say this was how our
country was set up -- not so. This was the articles of faith of this
one religious group. They didn't come here to escape religious
persecution, they came here because they couldn't persecute everybody
else anymore. And they have been trying to do it ever since. We are
the heirs of the Puritans in the New World.
Thomas Jefferson, Benjamin Franklin, and Thomas Paine accepted the
prevailing belief of that time: a philosophical doctrine know as
Deism. This was not Christian: it said that there was a God, but that
this God had made the world and then gone on to other things -- sort
of forgot about it. He had put things into motion and then went on to
other places in the universe. Thomas Jefferson was very well aware
that many of the state constitutions said that they were set up on
the basis of "Our Lord and Savior Jesus Christ" and he didn't want
anything to do with it. So after much debate, the Constitution of the
United States was set up as a totally godless document. The word God
is not mentioned in the Constitution of the United States. You can
win bets on this point. These people who say that America is a
religious nation are simply wrong. Sometimes they will quote to you
in support of their argument the Declaration of Independence: "We
hold these truths to be self-evident that all men are created equal,
that they are endowed by their Creator with certain inalienable
rights, and among these are life, liberty, and the pursuit of
happiness." In the first place, the Declaration of Independence forms
no part of the law of the United States. It was a document that was
used to severe ties with England, and when Thomas Jefferson is
speaking of the "Creator" and of "Nature" and "Nature's God," he is
not talking in the same sense as Jerry Falwell or the religious right
when they talk about America being a Christian nation.
In the Constitution of the United States, the founders wanted to
be very clear that no particular religion was going to be given
precedence over any other. If we're going to have prayer in the
public school, who's prayer is it going to be? Catholic prayer,
Jewish prayer, Branch Davidian, perhaps Mormon, Christian Science,
Native American? Who's prayer will we have? I got written up by a
Seventh Day Adventist a while back. I had sued all of the judges in
Northern Kentucky. They had entered an ordinance saying that anyone
in a divorce who had children had to attend Catholic social services.
Liberty Magazine of the Seventh Day Adventists sent a fellow
who had a doctorate in theology degree to interview me. He was
Christian, but I knew where he was coming from, and he knew where I
was coming from. We got along just fine. I said to him, "I know why
you want to do this. You know that if an official religion is ever
set up in the United States, it ain't gonna be Seventh Day
Adventism." And he said that he did know that.
So what religion will be our official religions? Here's what the
Constitution says: "No religious test shall ever be required as a
qualification to any office or public trust under the United States."
No religious test at all: not whether you believe in God, much less
whether you believe in a specific religion -- no religious test at
all. For you scholars, that is Article 6, Section 3. Once the
Constitution was written, various states refused to ratify it until a
certain Bill of Rights was added. Ten Amendments to the Constitution
-- not the Ten Commandments -- ten Amendments. The very first
amendment in the Bill of Rights -- the same Bill of Rights that the
thirteen colonies insisted be there before they would sign
-- reads as follows: "Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof.
" Those are the first words of the Bill of Rights. "Congress shall
make no law respecting an establishment of religion, or prohibiting
the free exercise thereof." Well, the fundamentalists say, "You're
prohibiting the free exercise of religion by not letting us teach
creationism and having prayers in the public schools." Ridiculous.
You can practice all the religion you want in your homes, in your
churches, in your synagogues, any place you want.
In fact, if you want to really get biblical on them, Jesus Christ
in the Sermon on the Mount specifically forbad public prayer. Matthew
chapter 6, verse 6: "when thou prayest, enter into thy closet, and
when thou hast shut thy door, pray to thy Father which is in secret;
and thy Father which seeth in secret shall reward thee openly." He
then goes on in the Sermon on the Mount to tell what will happen to
those who disobey: "And every one that heareth these sayings of mine,
and doeth them not, shall be likened unto a foolish man, which built
his house upon the sand: And the rain descended, and the floods came,
and the winds blew, and beat upon that house; and it fell: and great
was the fall of it." [Matthew 7:26-27] So maybe the problems
of America are not caused by lack of public prayer, but because of
it.
Consider the Netherlands, which is perhaps the most secular nation
on earth. In the Netherlands, birth control is freely given,
homosexuality is tolerated, and many drugs are legal. You can get a
marijuana cigarette after dinner. Pornography is legal. Euthanasia
for people who are in intractable pain is permitted. And guess what?
They have less of a crime rate, they have less teenage pregnancy,
they have less drug abuse, and less abortion than the most religious
nation on earth, the United States of America. There may be a lesson
to be learned here. America is by far the most religious nation on
the face of the earth. More people are professing Christians here
than any place else in the world. And yet a country like the
Netherlands, where this is not true, does not have the kind of
problems we have, because it is a rational society, where morality is
based on the consequences of behavior. Moral choices have
consequences. If you drive drunk, you are liable to get killed. You
behave morally because of reason , not because some book
told you to.
To the Eastern mind, Christianity is an incredible religion,
because it calls on something outside of ourselves to tell us what to
do. Christianity claims that without God we are nothing, that we must
look to some authority to tell us what to do, rather than be able to
figure it out by moral choice. Hitler remained a loyal Catholic for
his entire life. He was never excommunicated. Hitler made abortion
illegal -- it was a crime in Germany. Think about it. How much true
good are the Mother Teresas of the world doing by going and helping
these starving children that their philosophy helped to produce? Is
this moral, or would it be more moral to have birth control
universally available?
In the course of what I call the American Religious Civil War, the
ARCW, the fundamentalists have declared war on reason and are trying
to convince people in universities, on the radio, through tapes, TV,
and other media, that America is a Christian nation set up on
Christian principles. I wish to show you how to refute this
overwhelmingly. You may have heard of Thomas Jefferson's letter to
the Danbury Baptists. Oddly enough, the Baptists of a few hundred
years ago were very much in favor of separation of church and state,
because they were being persecuted by the Anabaptists. There were
bloody wars fought over how you got baptized -- whether you got
sprinkled on your head as a child, or whether you got dunked as an
adult in a pool of water. And people died over this nonsense. The
Danbury Baptists wrote to Thomas Jefferson to see what the First
Amendment really meant. Thomas Jefferson spent a lot of time on his
response, and even cleared it with the Secretary of State. Here is
what he said: " I contemplate with sovereign reverence that act of
the whole American people which declared that their legislature
should make no law respecting an establishment of religion, or
prohibit the free exercise thereof, thus building a wall of
separation between church and state." Here is church, here is state,
and there is a Constitutional wall between them and that is the
principle of our democracy.
To give you an example of how some people can attack truth, we
have in the fundamentalist camp a fellow by the name of David Barton.
In an article from the Freedom Writer, "The Religous Right's Master
of Myth and Misinformation," we learn that Barton is consciously and
deliberately changing history in basic American documents. He has
added a line to Jefferson's letter to the Danbury Baptists that I
just read to you. According to Barton, Jefferson went on to add that
the wall was meant to be one-directional, protecting the church from
the state, but not the other way around. And furthermore, it was
intended to keep Christian principles in government. That's what
David Barton is saying, and it is a damned lie! It is a knowing lie.
He knows it's not true, because he can look at the text and
see what it says. It is not an accident, it is a "damn 'cussed lie."
Telling lies for God! "Let the words of my mouth, and the meditation
of my heart, be acceptable in thy sight, O LORD, my strength, and my
redeemer." [Psalms 19:14] He is damned by his own rules!
Let me give you just a few other examples of the principle of
separation of church and state. Thomas Jefferson also said, "I am for
freedom of religion and against all maneuvers to bring about a legal
ascendancy of one sect over another." The only way any religion can
be free is if they are all free, and if there is no state religion.
Let's suppose you have some little religious movement that nobody
likes Do you want to go to jail for it? Or do you want to have the
right to free exercise? You can go build a church any place you want
to. Nobody's going to stop you. But you can't come to Marshall
University, and have a Christian Center on campus, because that's
illegal. That's preferring one religion over another. I have been to
see your Christian chapel, and I understand it's paid for by private
funds and is on private property. But they've got a sign that looks
deceptively like a Marshall University sign, it doesn't have the
"M.U." on it, but it looks just like it apart from that. Then further
I note on the campus map that is paid for by taxpayer's dollars that
the Christian Center is shown there. And I have also seen the Student
Handbook where the Christian Center is listed as one of the services
provided by Marshall University. That's the establishment of
religion. That's preferring religion over nonreligion.
The fundamentalists want to give the impression that those who
disagree with them are bad people, that they are somehow immoral,
that they are responsible for all the sins of the world. I believe in
killing the hummingbird with a cannon on this one: we are talking
about the survival of our freedoms, we are talking about democracy.
Thomas Jefferson said this: "The legitimate powers of government
extend to such acts only as are injurious to others. But it does me
no injury for my neighbor to say there are twenty gods or no God. It
neither picks my pocket nor breaks my leg." "It is error alone which
needs the support of government. Truth can stand by itself." Who's
foot should we measure all shoes by? What religion shall be our
official religion? Who here can define Christianity? If it was so
clear and easy to define, then why are there so many sects, why so
many different creeds? Even within the denominations, Baptists,
Presbyterians splintering off. Do we believe that the Eucharist
actually turns into the body and blood of Christ, as the Catholics
say, or is it merely symbolic as the Protestants claim? How do we
know? And if there is a God, why is it not perfectly obvious to
everyone? Why are there some people who are rational, who otherwise
seem to lead fairly decent and moral lives who say, "No, I don't see
any evidence for it." And further, would a just God condemn creatures
he made with the faculties of reason who use this power of reason to
say "I don't see the evidence"? Why doesn't the Blessed Virgin Mary
appear simultaneously on all TV and radio stations in the languages
of all the people announcing the truths of God? Why not a message on
the moon, clearly visible to all? Something that nobody could doubt.
Why have visions only appeared to schizophrenic children? Why so much
misinterpretation about something so important as this?
Again, Thomas Jefferson says, "I will never by any word or act,
bow to the shrine of intolerance or admit a right of inquiry into the
religious opinions of others." "The clergy, by getting themselves
established by law, and ingrafted into the machine of government,
have been a very formidable engine against the civil and religious
rights of man." James Madison spoke similarly, in a 1774 letter to
William Bradford: "Religious bondage shackles and debilitates the
mind and unfits it for every noble enterprize [sic], every
expanded prospect." Our ancestors spoke out a lot more than we are.
Why are we so afraid of these abysmal little tyrannical minds who are
trying to commit treason against the government of the United
States?! Why are we letting them get away with it? "The religion,
then, of every man must be left to the conviction and conscience of
every man, and it is the right of every man to exercise it as days
may dictate. This right is in its nature an inalienable right."
On June 10, 1797, the President of the United States John Adams
signed a treaty with the nation of Tripoli, a Muslim country. In the
order of hierarchy of laws, the Constitution of the United States is
at the top, underneath that are treaties between sovereign
governments, then the various federal laws and the laws of the
states. Under the Constitution, treaties (except maybe some with the
Indians) have the highest force of law in our country. The treaty
with Tripoli, signed by the President, and unanimously ratified by
the United States Senate, reads, "The government of the United States
of America is not in any sense founded on the Christian religion." I
didn't make this up. This was widely circulated in the newspapers of
the time, it was widely debated. The Constitution of the United
States, and the Bill of Rights were condemned by fundamentalists
ministers all over the country as being godless documents. The people
knew what these documents meant. Once again, we are witnessing this
treasonous, un-American attitude arising, trying to claim that what
the founding fathers said, what the Constitution said, and what the
treaties between sovereign countries said, don't mean that. We're
having people like this Barton fellow, who is trying to add lines to
Thomas Jefferson's letter to the Danbury Baptists to try to make it
say what he wants it to say, and not what it says. Love it or leave.
If you don't like the American system, go set up your theocracy on an
island, get out of town. But don't mess with American freedom.
There is a wonderful little pamphlet, called a "nontract," put out
by the Freedom From Religion Foundation entitled "Is America a
Christian Nation?" Dan Barker of the Freedom From Religion Foundation
was a fundamentalist minister. He converted a lot of people. And
finally he started thinking, and he became an atheist. He wrote a
book called Losing Faith in Faith: From Preacher to Atheist
. He tells why he came to this conclusion, and why he left
the fold. He found that there was no proof for the claims of
Christianity, and that the people who were claiming to be religious
were doing bad things.
Case in point: in Northern Kentucky right now, there is a state
park called Big Bone Lick State Park. It is a park devoted to
archaeological finds. An Australian fundamentalist group called
"Answers in Genesis" has come to Northern Kentucky and is trying to
establish a creationist theme park near Big Bone Lick to teach
children and others that evolution is wrong and that creation science
is right. If you ever wanted an example of an oxymoron, "Creation
Science" is it. What they are trying to say is that evolution is a
religious belief system of the secular humanists, and that
creationism is a true science. They also believe that this humanistic
belief in evolution is responsible for all the bad things that are
happening in the world. They see it as a war. Here's one of their
cartoons: We have two fortresses. Over here we have evolution at the
base of this one, and there are flags that say "Humanism, divorce,
racism, euthanasia, homosexuality." All these things are caused by
belief in evolution. And over here we have creation that has a flag
of Christianity, blowing holes into the towers of evolution. I didn't
invent the idea of the American Religious Civil War. They're the ones
who declared the war on reason.
Let me give you some examples of how the religious right is trying
to take over. A handout from the "Genesis Theme Park" in Northern
Kentucky says, " Virtually science museums, zoos, and other similar
attractions indoctrinate guests with evolutionary and antibiblical
propaganda." Notice how they juxtapose neatly those concepts. That
evolution is necessarily antibiblical -- you either believe one or
the other. A classic logical fallacy is called the "either/or"
fallacy. "It must be the Bible, or it must be evolution." The handout
continues: "A major family park and learning center proclaiming the
glories of God's creation and the authority of His Word is
desperately needed to counter the anti-God philosophy so prevalent in
today's world." They have declared war against reason.
Here is a wonderful little comic book put out by Mother Jones.
It's called "Holy War: The religious right's secret campaign to take
over my daughter's public school." All over the country, stealth
candidates are arising. That sounds paranoid, but these are real
enemies. They are getting into the school boards, and they want to
teach creationism. Right now in one of our counties in Kentucky, a
school superintendent has glued pages of the science textbooks
together which talk about the Big Bang theory, because that's wrong
and he doesn't want anybody to learn it. They are trying to go back
to the time before Copernicus. If we are really going to follow the
truths of Genesis and the Bible, we must believe the earth is flat.
You ought to read the Bible and see if you really can accept it as
true. If you read it literally, the earth is flat. It speaks of the
four corners of the earth, the pillars of the earth. Jesus was taken
by Satan to a high mountain and shown all the kingdoms of the earth.
You can't do that on a round earth. Clearly the people who wrote the
Bible, like other people of the time, thought the earth was flat.
There is even a religious organization called the "Flat Earth
Society" that advocates that belief. They are dedicated to the
biblical proposition that the earth is in fact flat.
Have you ever heard of "family friendly libraries"? That's another
thing the fundamentalist are trying to do. They think that only they
can define a family. They've got a program called "Focus on the
Family." There's a neat bumper sticker that says "Focus on your own
damn family. Leave my family alone." The "family friendly" libraries
are trying to censor books. Here's a wonderful little volume called
the "X-Rated Book: Sex and Obscenity in the Bible." It has enough
gleaned from the Holy Word to make it banned in any fundamentalist
library. That's why you ought to read the Bible. There is a wonderful
story about Lot, -- the one who was saved from Sodom. His two
daughters get him drunk and seduce him in order to get pregnant.
These terrible stories just go on and on.
This is the field manual of the Free Militia. This book will scare
the wits out of you. You know about the militia movements? These are
people who believe that America was founded as a Christian nation,
and that it is their duty by force of arms if need be to preserve
that. Anybody who disagrees with them is an enemy of God. Onward
Christian soldiers. This is their field manual, telling what kind of
guns to get, how to organize teams of 8 people to attack the homes of
nonbelievers. It is extremely scary.
As we get closer and closer to the year 2000, more and more of
this nonsense is going to come up. There is right now a millennialist
fever in the United States. There are many people who believe that
Jesus will be returning at the millennium. I will note that many
people thought that Jesus would return in the year 1000 as well. He
didn't. In the first place, and this may come as a shock to you, the
year 2000 is not the first year of the millennium. The year 2000 is
the last year of this millennium. The first year of the next
millennium is 2001, and that's why Arthur C. Clarke name his book
"2001." Arthur C. Clarke, by the way, is an atheist. Our calendar
dating the birth of Jesus is wrong. This is 1996 AD, which means
"Anno Domini," or, "in the year of our Lord." It is supposed to be
1996 years after the birth of Jesus. But it really isn't, because if
we take the Bible literally, we know that Jesus was born during the
reign of Herod the Great. We know from very accurate and numerous
historic sources that Herod the Great died in the year 4 BC. So if
Jesus was born during the reign of Herod the Great, he would have
been born at least as early as 4 BC. So if that's the case, then the
millennium has come and gone, and nothing happened. So don't worry
about the millennium.
We have discussed prayer in the public schools, the creationist
movement, and the attack on the libraries. My voice is getting a
little stale, and I'm ready to answer some questions...
Edwin F. Kagin
Attorney at Law
P.O. Box 48
Union, KY 41091
Phone: (859) 384-7000
Fax: (859) 384-7324
Email: edwin@edwinkagin.com
Web: www.EdwinKagin.com
Copyright © 2004, 2005 by Edwin F. Kagin
Last updated: 25 January 2005
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