Links
State-Church Issues

Fundamental Violations of Separation of State and Church
examples of how religion intrudes into our lives in violation of the U.S. Constitution

A Monumental Indecision
a brief examination of two recent Supreme Court decisions on the display of the Ten Commandments

Testimony on Civil Marriage
given to the Minnesota Senate Judiciary Committee by Minnesota Atheists in support of separation of civil and religious marriage



Fundamental Violations of Separation of State and Church
by August Berkshire, copyright 2004

Opening statement by August Berkshire, president of Minnesota Atheists, as part of a panel discussion on American fundamentalism at the University of Wisconsin - Eau Claire. Sponsored by the College Freethought Society, October 19, 2004.


There are many ways in which religion intrudes into our lives, and almost all of them violate separation of state and church. Here are some examples:

Presidents adding “so help me God” to the oath of office, when the phrase is not in the oath as it appears in the U.S. Constitution.

Chaplains paid for with government money. Prayers being used to open government meetings and functions.

Religious oaths that witnesses are pressured to take when testifying in courts, promising to tell the truth “so Help Me God.” Yes, you have the right to ask for a civil oath. However, you have to wonder if that will create prejudice against you in the minds of the judge and jury.

“In God We Trust” being added to our coins in 1864 and to our paper money in 1957. “Under God” being added to the Pledge of Allegiance in 1954.

Ten Commandments monuments and plaques being placed on government property, many of them in the late 1950s to coincide with the release of the movie,
The Ten Commandments.
Madonna and child (Virgin Mary and infant Jesus) artwork on U.S. postage stamps.

Environmental laws based on the religious belief that we should exploit the planet because the world is going to end soon anyway with the return of Jesus. (This was stated rather explicitly by James Watt, who was the Secretary of the Interior under Ronald Reagan, and who wanted to strip mine the national parks.)

Public money for tax credits and/or vouchers for religious schools. This is bad enough, but it is only the first step in the Religious Right’s attempts to dismantle the public school system.

Attempts to get the unsupported religious doctrines of creationism and intelligent design taught as science in the public schools.

Young Earth Creationist books being sold in government authorized bookstores at the Grand Canyon National Park. These books describe how the earth is only 6,000 to 10,000 years old and how Noah’s Flood carved out the Grand Canyon.

Giant crosses on publicly owned hilltops. Small crosses on city, county, and state government seals.

The Boy Scouts of America being granted special privileges by governments at various levels, including recruiting in public schools, all the while demanding a religious test that excludes atheists and gays.

Parole boards favoring prisoners who have had religious conversions over those who haven’t. Courts ordering drunken drivers to attend counseling or face jail time – not a bad idea – but then giving them as their only free option Alcoholics Anonymous, a faith-based organization.

Faith-based organizations using government money to proselytize and discriminate. In the past, religious charities like Catholic Charities and Lutheran Social Services received governmentmoney, but they were separate from their parent religious organizations and were not allowed to discriminate or proselytize.

Mergers between public hospitals and Catholic hospitals, where the Catholic rules end up being adopted. This means no contraceptive, sterilization, or abortion services.

No emergency contraception for rape victims at Catholic hospitals, and pressure from the Religious Right to make emergency contraception unavailable at public or other private hospitals as well.

Attempts to outlaw abortion and, barring that, to make it very difficult to obtain, either through unnecessary legal hurdles or terrorist threats and actions against doctors and clinics. This sends the message that the church owns a woman’s body (or the government does, acting as an instrument of the church).

Abstinence-only sex education in public schools, which leaves young people unprepared to deal with the realities of life.

Religious Right muting of the dangers of overpopulation, because this would obviously lead to teaching about contraception. Catholic and Religious Right success at reducing government funding for the distribution of condoms in the Third World, thus encouraging overpopulation and the spread of AIDS.

Lack of government funding for embryonic stem cell research, which may cure diseases such as Parkinson’s, Alzheimer’s, and diabetes.

Opposition to voluntary euthanasia, thus condemning people to intolerable situations and robbing us of our human dignity to decide our own fates.

Opposition to the Equal Rights Amendment. Opposition to equal rights for gays and lesbians.

Religious tax-exempt status, meaning that we pay more because they pay nothing.

And now these fundamentalist religions want to be able to endorse political candidates andstill retain their tax-exempt status.

This really adds insult to injury: the American people will be asked to subsidize groups that want to promote politicians that will take away our First Amendment, privacy, and equal protection rights.

Religious fundamentalists often accuse gay people of wanting “special rights,” when in fact all they want is equal rights.

In contrast, I think I have demonstrated that it is the religious fundamentalists who have been granted special rights in this country. They have been able to use the government to force their religion on everyone.

The attempts and successes of fundamentalist Christians to co-opt the government represent a failure, not an achievement.

It says that that the Christian faith is not persuasive enough for you to buy it merely through persuasion – therefore they have to use the government to force it on you.

These paragons of virtue stole the last presidential election and they’re working on stealing this one.

Beware when “God” trumps all.




A Monumental Indecision
by August Berkshire, copyright 2005

On June 27, the US Supreme Court came to opposite conclusions in two cases involving displays of the Ten Commandments on public property. In both cases Minnesota Atheists was part of amicus curiae (friend of the court) briefs written by the Atheist Law Center of Alabama.

In one case,
McCreaiy County v. ACLU, the court correctly ruled (5-4) that Ten Commandments plaques inside two Kentucky courthouses were unconstitutional.

Writing for the majority, Justice Souter stated, "the divisiveness of religion in current public life is inescapable. This is no time to deny the prudence of understanding the Establishment Clause to require the Government to stay neutral on religious belief, which is reserved for the conscience of the individual." He noted that a lower court found that "the Counties offered no support for their claim that the Ten Commandments 'provide[d] the moral backdrop' to the Declaration of Independence or otherwise 'profoundly influenced' it."

In the other case,
Van Orden v. Periy, the court decided (5-4) that a Ten Commandments monument on the Texas State Capitol grounds was okay since it had been there a long time (it was "historical"), was only one among seventeen monuments (it did not overly promote religion), and that no one had complained about it until recently (thus it was not coercive).

Writing for the majority, Chief Justice Rehnquist called it a "passive monument that Texas has erected on its Capitol grounds." However, he admitted that, "Of course, the Ten Commandments are religious -they were so viewed at their inception and so remain. The monument therefore has religious significance."

Concurring with the majority, Justice Breyer stated, "As far as I can tell, 40 years passed in which the presence of this monument, legally speaking, went unchallenged... Those 40 years suggest that the public visiting the capitol grounds has considered the religious aspect of the tablets' message as part of what is a broader moral and historical message reflective of a cultural heritage."

Dissenting from the majority opinion, Justices Stevens, Ginsberg, and Souter noted that the tablet begins with the phrase "I AM the LORD thy God."

Justice Stevens wrote, "The sole function of the monument on the grounds of Texas' State Capitol is to display the full text of one version of the Ten Commandments. The monument is not a work of art and does not refer to any event in the history of the State." He added, "The message transmitted by Texas' chosen display is quite plain: This State endorses the divine code of the 'Judeo-Christian' God."

In a pleasant surprise, Justice O'Connor, who is often seen as a conservative judge, voted against the displays in both cases. In her concurring opinion in
McCreaiy County v. ACLU, she stated, "It is true that many Americans find the commandments in accord with their personal beliefs. But we do not count heads before enforcing the First Amendment."

The court did not address cases such as the one that existed in Duluth, Minnesota, where an outdoor Ten Commandments monument was not part of a larger display. (That monument was moved to private property last year.)

The court also did not address the fact that people of other religions or atheists are unlikely to have an opportunity to display monuments with their point of view regarding religion. How likely is it that there would ever be a monument promoting Islam or the Humanist Manifesto III on the Capitol grounds of any state?

August Berkshire is the public relations representative for Minnesota Atheists. He was interviewed about the Ten Commandments decisions for a half hour on The Nick Coleman Show, Air America radio in Minnesota, AM 950, June 28, 2005.



Testimony on Civil Marriage
given by August Berkshire on March 26, 2004

Some of you may find inspiration from the Torah, from the New Testament, from the Qur'an, or from other religious sources. But I hope, like me, that you find inspiration from the idea in the Declaration of Independence that we hold this truth to be selfevident: that all people are created equal.

Created equal in the eyes of God, if you believe in a god, but certainly created equal in the eyes of the law.

Some of you and your constituents may oppose extending equality in civil marriage to all adults, based on your religious beliefs. But today you are not sitting in church pews; you are in a committee whose job it is to secure equal civil justice for all Minnesotans.

There is no contradiction in having a personal religious view that says one thing, while realizing that others must be free to reach different conclusions. And let's face it: if we take religion out of the equation, the dispute over civil marriage disappears.

Marriage has both a religious meaning and a civil meaning. Let religions define the religious meaning of their religious marriage ceremonies as they see fit:

Let religions prohibit or allow interfaith marriages; Let them prohibit or allow divorcees to get married; Let them prohibit or allow same sex marriages.

There are times when a certain rule is right for a religious marriage, but wrong when applied to a civil marriage. For example, prohibiting interfaith marriages might be right for some religions. But to make that the law of the land would violate our civil liberties.

Don't let a particular brand of religion deprive all adult Minnesotans of their basic right to a civil marriage. That oversteps the bounds of separation of state and church.

Imagine asking the people of Minnesota to vote on whether Jews should be allowed to get married. Or blacks. Or Christians. Or gays and lesbians. It's preposterous, because marriage is a basic civil right that should be available to all adult Minnesotans.

What is being attempted here is to encode religious law as civil law. To make certain Jewish, Christian, and Islamic fundamentalist traditions the law of the land, while ignoring other, more liberal religious traditions. The state is picking and choosing among religious beliefs.

Instead, the state should get out of the religion business, and into the business of equal protection under the law. The Minnesota constitution states, "Government is instituted for the security, benefit and protection of the people . . ." This amendment is at odds with that purpose.

A vote for this amendment is a vote against the Declaration of Independence. I urge you to the patriotic thing: defeat an amendment that divides us rather than unites us.