| The
“Wall of Separation” Myth
by Bishop Victor Galeone
The
last week of January marks Catholic Schools Week. I wish to take
this opportunity to commend two groups in particular: first, our
dedicated teachers for willingly accepting salaries lower than their
public-school counterparts; and second, the parents of our students,
who often endure great financial burdens to send their children
to a Catholic school.
Several states have initiated voucher programs to help pupils who
are attending failing public schools. Our own State of Florida had
a modest voucher program until our state high court struck it down
in January 2006.
Some states – like Pennsylvania – help private and
parochial school pupils with books and bus transportation. Court
challenges by the ACLU against this type of aid have failed. What
I find particularly distressing is litigation challenging aid to
religious-affiliated schools on the grounds of the breach of separation
of church and state. In my opinion, the First Amendment is one of
the most misinterpreted in our Constitution. Let’s examine
the historical record:
- In 1795, President Washington approved a federal grant of $1,000
to build a church for the Oneida Indians.
- In 1803, Congress and President Jefferson approved a grant of
$100 for seven years to a Roman Catholic priest to evangelize
the Kaskaskia Indians, and $300 to build them a church.
- In 1819, Jefferson with state funds set up the University of
Virginia that included a department of Divinity, and he declared
that students “would be expected to attend religious services.”
- In 1833, Congress and President Jackson approved a grant of
$3,700 to build a church and a mill for the Kickapoo Indians.
In contrast, recent Supreme Court rulings have banned a simple
prayer at graduation or placing a nativity scene on public property
as violations of the First Amendment. How can today’s Supreme
Court come to these conclusions, while the men who wrote the First
Amendment saw no constitutional problem in subsidizing religious
groups with federal or state funding?
The case that changed the meaning of the First Amendment was Everson
v. Board of Education in 1947. This case was the first to cite “the
separation of church and state” clause in interpreting the
First Amendment.
How did this “separation” language originate? In 1802,
Thomas Jefferson wrote a letter to a Baptist congregation in Connecticut,
which feared he was planning to establish a national church, similar
to the Church of England. To assure them that such was not the case,
in his letter he cited the words “the wall of separation between
church and state” from a Baptist preacher, Roger Williams,
a signer of the Constitution. He agreed with Williams’ idea
that the church should be defended from government interference
by means of a one-way “wall” of protection. Jefferson
wanted to protect the church from the government, not vice versa!
*
What I find strange, almost amusing, is that England, which was
once strongly anti-Catholic, subsidizes 92 percent of the costs
of operating private, and even Catholic schools on the elementary
and high school levels. England figures that the other eight percent
of the funding should come from the parents of the students for
the religious component of the curriculum. Most of the countries
comprising the former British Commonwealth do the same. In fact,
the United States is one of only a half-dozen developed nations
that give no subsidy to private schools for the education of children
who are bound by mandatory education laws up to age 16. Others in
the group include Russia, North Korea, China and Cuba. Strange company
for us!
Last November, Milton Friedman, “the master of free-market
economic theory,” died at the age of 94. Ten years before
his death, he started a foundation to promote school choice as a
means of freeing students from failing government schools. (See
www.friedmanfoundation.org)
In an op-ed piece the week after Friedman’s death, Cal Thomas
noted: “Opponents of school choice are the teachers unions
and white liberal politicians who receive their campaign contributions.
They mostly send their children and grandchildren to private schools,
while condemning minority children to poorly performing government
schools.”
Wouldn’t it be great if we had a constitutional amendment
to the effect, “Nothing in the First Amendment shall be construed
to prohibit the government from defraying the costs of secular education
in nonpublic schools?”
____
* For most of the information in the previous four paragraphs I
am indebted to Geisler and Turek, Legislating Morality, Bethany
House (1998) pp. 81-84.
Gratefully yours in Our Lord,

Bishop of St. Augustine |