Thomas Jefferson’s 1802 Letter About Separation of Church and State
The expression “separation of church and state” does not appear in any of the founding documents of the US. It comes, instead, from a letter written by Thomas Jefferson in 1802 to an association of Baptists in Danbury, Conn. Baptists had a history of being persecuted in countries with an official religion, and wrote to the newly elected President Jefferson with concerns that their state had no specific statutes protecting their religious liberty.
In reply, Jefferson quotes the first amendment to the effect that “Congress shall make no law” to establish an official religion or to prohibit “the free exercise thereof…” Jefferson then expresses his understanding of that amendment to mean there should be “a wall of separation between church and state.”
Kuyper’s “Sphere Sovereignty.”
In an earlier blog, I gave a brief introduction to Abraham Kuyper’s idea of “sphere sovereignty.” (See also the blog here.) This was based on the way scripture recognizes different authorities in life. This recognition is, in Kuyper’s thinking, a hint as to how to come up with a general theory about the relations between the different forms of authority that naturally arise in human society.
The scriptures speak with approval of the authority of parents in a family, of the clergy in the church, of the owners of a business, the officials in government, and even of teachers in a school. Extrapolating from these examples, Kuyper proposes recognizing other natural authorities such as arise, for example, in medical practice, charity work, artistic organizations, political parties, and unions.
From the sphere sovereignty point of view, it isn’t only state and church that have different spheres of authority. Rather, there are multiple types of it throughout human social life all of which need legal protection from encroachment by other authorities.
These Are Not the Same
At first blush, then, it appears that Jefferson has anticipated by a century the Christian theory of sphere sovereignty with his idea of a “wall of separation” or the idea of the separation of church and state. A closer look, however, shows they are not quite the same ideas. For one thing, Kuyper never spoke about walling off any social sphere from any other. That, he believed, is impossible.
The church exercises its proper authority when it governs the preaching of the gospel, the administration of the sacraments, and regulates church membership. The government exercises its proper authority when it makes and enforces a public legal order. This means for sure that the church doesn’t make or enforce public law, and the government doesn’t set theological standards or make requirements for church membership. But can these two institutions of society actually be completely walled off from one another?
Spheres Influence One Another
Scientific ideas influence art, and artistic trends influence how people understand their history. So, too, the moral teachings of the church cannot fail to have an impact on what people believe should be included or not in public law. This includes, but is not limited to, how public law must go about protecting people’s right to freedom of religion. (See, for example, the 4th myth in the Washington Post article Five Myths About the Constitution.)
If this sounds like a tidy prescription, it isn’t. In practice, it can be a messy business to sort out precisely where and how one authority limits another. Consider, for example, the ways Federal law has sought to prevent workplace discrimination. The law, by unintended consequence, ends up endangering a religious institution’s right to hire only employees who are devotees of that religion. That wrinkle got ironed out, but spin-offs of it remain to be sorted out. (See this article.)
Don’t Take It Too Literally
My point here is that – famous as it is – the expression separation of church and state may not be taken too literally or it will be in danger of bringing itself into disrepute. There is a proper separation (of distinct) of authorities, to be sure. And that includes all types of authorities, not just the church and the government. But any “wall” between them is porous, not airtight. That is why the sphere sovereignty idea is not a panacea. It does not guarantee we will never draw the boundaries between different authorities correctly. But we are still better off tackling political/legal issues from within that idea than we would be without it. We will still come closer to what is just than if we begin without recognizing that there are a number of legitimate authorities to be done justice to.
To Sum Up
In sum, this means we must continue to do the hard work of thinking through each specific issue to see where we, as Christians, should stand. There is no short-cut of proclaiming an impenetrable wall between any two of them. Instead, this “thinking through” must be multi-sided. Just as there are many spheres of social life (not only the state, church, and family), there are equally many sides to every major issue of life. And all sides must receive their due, just as all must be protected by the law.