Friday, July 12, 2013

Separation of Church and State? Is It an Option Now?

I became aware of what the GOP Legislature for the State of Indiana has been recently been up to,  and I literally became dismayed.  In one fell swoop, the GOP State Legislature swept away separation of Church in State, a concept implied in the U.S. Constitution.

"Separation of church and state" (sometimes "wall of separation between church and state") is a phrase used by Thomas Jefferson and others expressing an understanding of the intent and function of the Establishment Clause and Free Exercise Clause of the First Amendment to the Constitution of the United States. The phrase has since been repeatedly used by the Supreme Court of the United States.

The First Amendment to the United States Constitution provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...." and Article VI specifies that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." The modern concept of a wholly secular government is sometimes credited to the writings of English philosopher John Locke, but the phrase "separation of church and state" in this context is generally traced to a January 1, 1802 letter by Thomas Jefferson, addressed to the Danbury Baptist Association in Connecticut, and published in a Massachusetts newspaper.


Echoing the language of the founder of the first Baptist church in America, Roger Williams—who had written in 1644 of "[A] hedge or wall of separation between the garden of the church and the wilderness of the world"— Jefferson wrote, "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 prohibiting the free exercise thereof,' thus building a wall of separation between Church & State."[1]


Jefferson's metaphor of a wall of separation has been cited repeatedly by the U.S. Supreme Court. In Reynolds v. United States (1879) the Court wrote that Jefferson's comments "may be accepted almost as an authoritative declaration of the scope and effect of the [First] Amendment." In Everson v. Board of Education (1947), Justice Hugo Black wrote: "In the words of Thomas Jefferson, the clause against establishment of religion by law was intended to erect a wall of separation between church and state."[2]    (Source:  Wikipedia:  "Separation of Church and State in the U.S. Constitution"

The recent Indiana Republican State Legislature revived a1997 law prohibiting same-sex marriages, but went a step further by making it a Felony ( Class 6 ) to even have a same-sex couple even apply for a marriage license and bars (prohibits) clergy from performing same-sex weddings or union ceremonies under penalty of jail time and a fine. What is worse, the law is written so that even if clergy perform a simple union w/o a license are breaking the law.
(photo courtesy of Photobucket.com)

Republicans in the state of Indiana forgot about a little concept upon which the US Constitution was written - that of separation of church and state. They may legally prohibit same-sex couples from applying for a marriage license, but last I checked, clergy cannot be prohibited from practicing a Sacrament if is part of their belief and religion. So State Republican Legislators are applying their own religious belief on a service provided by the state through a justice of the peace (or clergy whose religious belief allows for same-sex marriages).

I am a third year seminarian in the United American Catholic Church (UACC), an Independent Catholic progressive, Vatican II church follow 2nd edition Missal (NOT under the jurisdiction of Rome). Our church allows same-sex ceremonies. With this new law taking effect in January 2014, that means that once I am ordained a priest, even if I "solemnize" a same-sex union without a marriage license (because the GOP Legislature says its now going to be illegal for a same-sex couple to even apply for a marriage license), I can go to jail! For expressing my FREEDOM OF RELIGION. You know, the thing for which we came from England on the Mayflower? The US Constitution guarantees EVERY US CITIZEN the right to "Life, Liberty, and the Pursuit of happiness". Last time I checked, the US Constitution did have the words "only applies to heterosexuals".

I pray and hope that all clergy will be outraged by the fact that the State is trying to tell us how to practice our religion. It is an outrage.  Even if you are clergy which does not agree with the practice of Same-Sex unions, you SHOULD be OUTRAGED that the State of Indiana is telling what to believe in your church, what to practice in your church, and what you cannot do in your church.   This is the first of a slippery slope.
What will be next?  Prohibition from Blessing a building?  Prohibition from Pet Blessings?  Prohibition from LGBT persons from becoming ordained clergy?   Even if you don't believe in same-sex marriage as a church, you should be OUTRAGED by the State meddling in how to run your church and what your beliefs are.

I have been a Hoosier for most of my life. I was born in Ohio, but my parents moved to Indiana when I was under two. I have also been a Democrat my entire life and I cannot believe that we live in a state that has set back society in Indiana in the 21st century back to the Middle Ages. Homophobia within the church must end. Please support same-sex marriage in Indiana and support eradicating homophobia from the Christian Church (which is were most of the GOP gets their idea that being gay is a sin - being gay is NOT a sin). Please also support Matthew Vines' Reformation Project (http://www.reformationproject.org)

http://www.glaad.org/blog/indiana-criminalizes-marriage-equality-and-pro-lgbt-clergy

http://www.usatoday.com/story/news/nation/2013/07/10/indiana-gay-marriage-debate-state-laws/2504767/

Peace,
Bro Jeff