What law actually dictates the separation of Church and State?
The fact is the government has never passed a law implementing a "separation of church and state."
The concept is derived from the First Amendment of the The Constitution of the United States of America, which reads as follows:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The First Amendment is in fact a law. What you've just read is the written law. Yet the observance of this law, is in the hands of people. And what is written, is less relevant than what the people enforcing it claim that it means.
Bottom line, the First Amendment is a critical component of our laws and crucial for maintaining the idea of other rights. All of our other rights flow from it and these rights provide the freedoms we cherish.
The principle of firsts would state that items are listed in order of importance, with the first items mentioned to be considered the most important. If we look at the Ten Commandments, we'll see that the first commandment is:
You shall have no other gods before me. (Exodus 20:1, NIV)
We could look at several similar examples, the fact is that freedom of; religion, speech, press, peaceful assembly, and to petition the Government are all covered in the First Amendment. And the first of the firsts is "...of religion, or prohibiting the free exercise thereof..." This can only mean that when the authors of the Bill of Rights prepared the first ten amendments to the constitution, the first thing on their minds was protecting (or possibly creating) freedom of religion, speech, press, etc.
But what about separation of church and state?
If our founding fathers intended the separation we are now levied with would their earliest documents contain phrases like these:
"...WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness..." The Declaration of Independence, July 4, 1776
"...that this nation under God shall have a new birth of freedom, and that
government of the people, by the people, for the people shall
not perish from the earth." excerpt from Lincoln's Gettysburg Address.
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all." The Pledge was first published Sept. 8, 1892, but the phrase, "under God", was added by an act of Congress in 1954.
"In God we Trust" This motto was put on all paper currency by an Act of Congress in 1955 and was chosen as our national motto by an Act of Congress in 1956.
There are many other well known examples, and with a little research one will find personal writings, wills, etc., that clearly demonstrate that our founding fathers were God fearing men. A good website for more information on this is Wallbuilders, Inc.
The first of the firsts was religion, why?
Our founding fathers were religious men. Early settlers braved the sea to escape religious persecution. If the concept of Separation of Church and State did exist then, it's intent was to prevent the Government from controlling religion. Keep in mind that the England controlled the Church, and the Church controlled the Bible. Early Protestants were promoting religious freedoms, individual devotions in the Bible, direct communion with God through the Holy Spirit, etc. They could not have come all this way just to let their faith once again become corrupted by Politics.
Robert L. Cord confirms this thought as he describes the true intention of the religion clause in the First Amendment:
"Regarding religion, the First Amendment was intended to accomplish three purposes. First, it was intended to prevent the establishment of a national church or religion, or the giving of any religious sect or denomination a preferred status. Second, it was designed to safeguard the right of freedom of conscience in religious beliefs against invasion solely by the national Government. Third, it was so constructed in order to allow the States, unimpeded, to deal with religious establishments and aid to religious institutions as they saw fit."
The goal was to create a nation influenced by Christianity, and to prevent a religion that was mandated and/ or influenced by the nation. They put God first!
So what happened?
Over the years, the Supreme Court and lower federal courts have reinterpreted this amendment. These interpretations have become the basis of the "separation of church and state."
In 1925 the Supreme Court's ruling on Gitlow v. New York demonstrates one of the most blatant violations of the Constitution. In this ruling the court began their reinterpretation of the Bill of Rights, by reasoning that the Fourteenth Amendment was intended to extend the Bill of Rights to the States. Remember, the First Amendment says "Congress shall make no law..." Congress refers to the House and Senate of the Federal Government.
The Fourteenth Amendment states: "...No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States..."
The framers left authority over religious matters to the States in an effort to limit the power of the federal government. The Supreme Court consistently adhered to this constitutional principle basically until this 1925 hearing, where the court ignored the historical record and established a new precedent. In the 1940 ruling of Cantwell v. Connecticut, we see the Court's first reinterpretation of the First Amendment, as it related to religion, and it went downhill from there.
So now the first amendment seems to provide freedom from religion, instead of freedom of religion. But that's not the whole truth either. The result of all this is that we do have a national religion, it's called Secular Humanism.
Secular Humanism has it's roots early in the book of Genesis, when men began setting themselves up as God. In the Bible, the consequences for the country that grants sovereignty to something other than God are always destruction. Through out history, there are many examples of Humanist societies. The Egyptians, Greeks, Romans all deified their rulers, and once the state held ultimate authority, government officials began to commit severe atrocities on mankind.
This is the current path of the U.S.A. If we ignore the trends then, one day, we may be asked to make a choice between the flag and the Bible.
http://www.spiritual-answers.com/Laws/ch..._state.htm