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Deception by Design
The Intelligent Design
Movement in America
by Lenny Flank
Posted August 20, 2006
All
Rights Reserved
Permission
is granted for the free reprinting and distribution of this book for
noncommerical educational purposes.
DedicationTo
Matt Duss and Tim Rhodes, who originally leaked the Wedge Document to the
Internet. They did far more to protect
democracy than they ever could have realized at the time.
Foreword
I first became
involved with the creation/evolution fight back in 1982, when several members
of a local school board in eastern Pennsylvania attempted to introduce a policy
requiring "equal time" for creationism and evolution. A local coalition of teachers, clergy, and
business leaders formed to oppose the move, and the policy was dropped. By the time the "intelligent
design" movement appeared in the mid-90's to replace creation
"science" as the spearhead of anti-evolutionism, I was an active
contributor to the Talk.Origins Internet newsgroup, the webmaster for the "Creation 'Science' Debunked"
website and, within a few years, had
formed the DebunkCreation email list, which quickly gained the largest
membership of any evolution/creation list at Yahoogroups. Just before the "intelligent design"
trial in Pennsylvania, the DebunkCreation group raised money from activists all
over the world to purchase and donate a total of 23 science books, including
several that were specifically critical of ID, to the Dover Senior High School
Library. Since then, I have also been a
regular commentator at the well-respected Panda's Thumb blog, which serves as a
nerve center for anti-creationist and anti-ID activists, and I am a founding
member of Florida Citizens for Science, which acts as a pro-science anti-creationism
watchdog in the Sunshine State.
This book has one
very clear objective in mind -- to present a history of creation
"science" and its latest reincarnation as Intelligent Design
"theory", and to lay bare the political and social roots of this movement.
There have already been several excellent books that have dissected the
scientific distortions and errors made by the creationist/ID movement and the
devastating effects they would have on science education.
This book aims to go beyond that, and to
instead examine the underlying social/political aims of creationism/ID. It is impossible to fully understand the
anti-evolution movement in the US without looking at the political Christian
fundamentalist movement of which it is a larger part, and for which it has been
selected as the "wedge issue". As a longtime grassroots activist, with decades of experience in the
environmental, antiwar, labor and consumer rights movements, I have come to
view the ID/creationists as a well-defined political movement, with carefully
selected theocratic political goals, and a well-financed deliberately-planned
strategy to implement them.
It is my opinion
that the ID/creationists (along with the rest of their Religious Right
companions) represent, in their attempts to re-mold all of American society in
accordance with their own narrow sectarian beliefs, the single greatest threat
to freedom and democracy in the United States today./p>
Introduction
For most of the
world, the controversy over creation and evolution was settled way back in the
19th century, after the theory of evolution was presented in a paper by Charles
Darwin to the Linnean Society in July 1858. During the five-year around-the-world trip of the Royal Navy ship Beagle,
Darwin had collected a variety of specimens from South America and across the
globe, including the various finches that inhabited the Galapagos Islands and
which now bear his name. Darwin's study
led him to conclude that species were not, as was generally accepted at the
time, fixed and immutable, but changed over time to become entirely new
species, through the process of natural selection. Although he had written about the evolution of species in private
notebooks as early as 1844, Darwin did not publish his ideas at first, knowing
that they would be highly controversial. Instead, he wrote detailed studies of coral reefs, volcanic islands, and
geology -- work which placed him among the best-known and most highly regarded
naturalists in Britain. Darwin's hand,
though, was forced in 1858, when another naturalist, Alfred Russell Wallace,
working in southeast Asia, independently formed the same idea of evolution
through natural selection, and wrote to Darwin asking for his opinion about
it. Darwin and Wallace jointly
submitted their papers to the Linnean Society, and Darwin followed up the next
year with On the Origin of Species, which spelled out his ideas with
detailed supporting arguments and evidence.
Within the space of
a few years, Darwin's theory of evolution was accepted almost universally by
the scientific community. Conservative
religious groups, however, particularly in the United States, were outraged by
the idea. The wave of religious
opposition to evolution peaked in the United States in 1925, when Clarence
Darrow eviscerated William Jennings Bryan in a country courtroom in Dayton,
Tennessee, in the famous "Scopes Monkey Trial". The anti-evolution movement fell to
virtually nothing after Scopes.
After decades of
quiet, however, the creationist movement surged back into prominence in the
1980s, when the fundamentalist Religious Right took up the anti-evolution
cudgel, and allied itself with the conservative elements of the Republican
Party to form a powerful political constituency that has dominated American
politics for the past 25 years. During
this time, anti-evolutionists, first under the name "creation
scientists" and then later as "intelligent design theorists",
waged pitched battles against evolutionary science, culminating in a series of
Federal court fights in Arkansas, Louisiana and Pennsylvania. In Arkansas in 1982, a Federal judge ruled
that teaching creation "science" was an impermissible violation of
the Constitution, a ruling that the Supreme Court echoed in a 1987 case from
Louisiana. Within a few months of the
Supreme Court ruling, creation "science" was transformed into
Intelligent Design "theory" (ID), and the effort to depose Darwin
began anew. In 2005, a Federal judge in
Pennsylvania ruled that ID was nothing but creation "science"
renamed, and was unconstitutional to teach. Nevertheless, the campaign against
the theory of evolution continues, and new courtroom battles are already
shaping up in Kansas and elsewhere.
The popular image
of intelligent design/creationists tends to picture a group of rural hayseeds
with not much education, who continually thump the Good Book as they
speak. This image is completely
wrong. Modern anti-evolutionists are
very slick, tend to be quite well-educated, and are very well-versed in the
tactics of sophistry and debate. Their
"scientific" arguments, while nonsensical, are very intricate and
detailed, and certainly sound convincing to people who do not have enough
scientific knowledge to make a good judgment (such as local school board
members). The ID/creationist movement
is well-organized, well-financed, and is fanatically dedicated. They also exercise an enormous amount of
political influence at the federal, state and local levels.
Although the stated
aim of the ID/creationist movement is to oppose what they see as the
"godless theory of evolution" and to, quite literally, change the
definition of "science" to include the religious and to make science
"theistic", it must be recognized that the evolution/creation debate
is, at core, not really about science
or education. The creationists are not
concerned in the slightest about scientific questions, or about correctly
interpreting data, or about forming better explanations and understanding of
the natural world. Instead,
creationism/ID is a wholly-owned subsidiary of the fundamentalist Religious
Right -- it is a religious and political movement, not a scientific one, and
its goals are entirely religious and political, not scientific. The ID/creationists are a part of a larger
political movement with radical theocratic aims, and their anti-evolution and
anti-science efforts are, as they themselves declare, simply the "wedge
issue" which they have chosen in order to gain entry for their wider
anti-democratic political agenda. Indeed, the most prominent "intelligent design" group in the
United States today, the Seattle-based Discovery Institute, is largely funded
by a single extremist Christian fundamentalist billionaire who, for 20 years,
preached the Taliban-like idea that the US should repudiate the Constitution,
dismantle the wall between church and state, and place the country completely
under "Biblical law", to include such Biblical imperatives as stoning
sinners and executing nonbelievers or heretics.
What
is evolution?
The word
"evolution" actually means two quite distinct and separate things
(and it is a favorite ID/creationist tactic to attempt to blur the distinction
between the two). On the one hand, "evolution" means simply that
organisms have changed over time, that some organisms have disappeared from the
planet and have been replaced by other organisms that did not exist before. In
this sense, "evolution" is not a scientific theory or hypothesis; it
is an observable fact, in the same way that the life cycle of a frog is an
observable fact. The fossil record is very clear in indicating that organisms
once existed which no longer exist (dinosaurs, trilobites, pterodactyls,
mastodons), and that organisms exist now which did not exist in earlier geological
eras (humans, chimps, white-tailed deer, viperine snakes).
On the other hand,
"evolution" is also the word used to indicate the scientific theory
of how this process of organism replacing organism occurred. In this sense,
"evolution" is not an observable fact; it is a scientific model (more
later on the definition of a "model") which purports to explain the
fact of evolution (changes in species through time).
Most of the time,
when a scientist speaks of "evolution", he or she is talking about
the currently accepted model of the process through which organisms have
changed over time, not about the actual existence or nonexistence of such
change itself. The creationists, on the other hand, like to interpret various
scientific criticisms of some aspects of the evolutionary model as an attack on
the concept of evolution itself. It is important to recognize that scientific
arguments over how evolution happens are not the same as arguments over whether
evolution happens. While biologists
often engage in scientific argument over how particular aspects of evolution
operate, there is no scientific dispute at all that life evolves, and
evolutionary theory forms the bedrock of all modern life sciences.
The currently-accepted
scientific model of evolution was first laid out in Darwin's book On The
Origin of Species Through Natural Selection. The Darwinian theory of
evolution can be summed up in a number of simple postulates:
- The members of
any particular biological population will differ from each other in minor ways,
and will have slightly differing characteristics of construction and behavior.
This is the principle of "variation".
- These
variations can be passed from one generation to the next, and the offspring of
those possessing a particular type of variation will also tend to have that
same variation. This is the principle of "heritability".
- Certain of
these variations will give their possessor an advantage in life (or avoid some
disadvantage), allowing that organism to obtain more food, escape predators
more efficiently, or gain some other advantage. Thus, those organisms that
possess such a useful variation will tend to survive longer and produce more
offspring than other members of that population. These offspring, through the
principle of heritability, will also tend to possess this advantageous
variation, and this will have the affect of increasing, over a number of
generations, the proportion of organisms in the population which possess this
variation. This is the principle of "natural selection".
These principles
are combined to form the core of the evolutionary model. The Darwinian outlook
holds that small incremental changes in structure and behavior, brought about
by the natural selection of variations, produce, after a long period of time,
organisms that differ so greatly from their ancestors that they are no longer
the same organism, and must be classified as a separate species. This process
of speciation, repeated over the 3.5 billion year span of time since life first
appeared on earth, explains the gradual production of all of life's diversity.
In recent years,
two new theories have been widely accepted which complement the traditional
Darwinian theory of evolution. The first of these is "punctuated
equilibria", a theory set forth by Stephen Gould and Niles Eldredge in the
early 1970s. The original Darwinian theory holds that the incremental changes
which produce a new species occur throughout the entire population of the
"parent" species, and that the entire population gradually becomes
replaced by the new species, a scenario known technically as "sympatric
speciation" (sympatric means "same place"). In 1972, Gould and
Eldredge proposed that the majority of speciations take place not in the entire
population of the parent species, but within a small, geographically isolated
portion of it. After this isolated transition to a new species has taken place,
the new species moves outward from the area of its birth to replace the older
species throughout its range, either by outcompeting it or by moving into a
niche that is left empty by the subsequent extinction of the older species.
This scenario is known as "allopatric speciation", from the words for
"different place".
Gould and Eldredge
pointed out that an allopatric mode of speciation, in which the evolutionary
transition from one species into another takes place only in an isolated
geographic area and over a relatively short period of time, would necessarily
limit the number of such transitional fossils that would be found by
paleontologists, since these transitional populations would be extremely
limited in both space and time, and would not be found unless they were
preserved as fossils (itself a rare occurrence) and also unless a fossil hunter
happened to stumble onto the specific area where such a transition had taken
place (Gould and Eldredge did manage to describe one such area--a single small
quarry in New York which illustrated the transition from one Phacops species
of trilobite to another; the lower levels contained the parent species of
trilobites, the upper levels contained the new species, and in between were a
series of transitions leading from one to the other).
Another theory of
evolution is called "genetic drift", "neutralism" or
"nonadaptive evolution". In the Darwinian view, all of an organism's
traits are the result of natural selection, which continuously weeds out
unsuitable variations and selects suitable ones to be retained in the next
generation. However, in at least some instances, the presence of a particular
genetic trait may be solely the result of chance. In a small population in
which a portion of the members possessed one trait and a portion possessed
another, it is possible for an accidental set of circumstances such as a
disease or natural disaster to wipe out all of those possessing one of these
traits, leaving only one trait left. Thus, this trait would be retained not
through natural selection, but solely because of fortuitous circumstances. The
most devastating of these circumstances are the periodic mass extinctions which
have occurred throughout earth history -- at least one of which, the Cretaceous
extinction event that wiped out the dinosaurs, was caused by a huge
extraterrestrial rock that impacted the earth near the present-day Yucatan
peninsula. Under these extreme
circumstances, it may be nothing but blind chance that determines which species
are wiped out and which are left. This is often referred to as "survival
of the luckiest".
There also seem to
be a large number of traits which are equal in their "fitness"; none
has any selection advantage over the others. In this manner, these traits are
said to be "neutral" -- they are neither selected for nor selected
against, and the proportion of one trait to another in a population can change
haphazardly through purely statistical variations.
Neither the
punctuated equilibria theory nor the neutralist theory replaces the Darwinian
theory of gradualist natural selection, nor does either consider the Darwinian theory
to be "wrong". Rather, both processes are complementary to the
Darwinian viewpoint, while at the same time completely separate from it. Thus,
it cannot really be said that there is a single "theory of
evolution"--there are in fact several. Although much scientific debate
today centers around the relative frequency and importance of each of these
modes of speciation, none of this debate concerns the actual existence or
nonexistence of evolutionary change (although ID/creationists are very fond of
citing selected quotations from evolutionary theorists criticizing this or that
aspect of evolutionary mechanism theory, in an attempt to cast doubt on the
entire model).
It is also
important to note here that evolution as a scientific model is completely silent
on the ultimate origin of life on earth; although the evolution model asserts
that all life is descended from some common source (which may have been a
single original organism, or may have been a number of different organisms
which appeared at more or less the same time), the model itself has nothing to
say about the process through which this original organism or organisms
appeared on earth --evolutionary mechanism theory is only concerned with the
question of how life can be transformed into new forms of life. There is no
evolutionary theory concerning the original development of life from non-living
chemicals, since this topic falls outside of the framework of the evolutionary
model. The question of origins belongs to an entirely separate biological discipline
known as "abiogenesis", which is the province of bio-chemists rather
than of evolutionary biologists. In the same vein, the evolution model has
nothing whatsoever to do with astronomy or cosmology, and is completely silent
about the original formation of the universe.
And, like any other
scientific model (gravity, relativity, quantum physics, molecular chemistry),
the evolution model presents no moral, religious, ideological, economic or
political agenda. Evolution theory does not posit any way that humans
"should" act, or any assertions about how society "should"
be organized, any more than does the theory of relativity or the theory of
quantum electrodynamics. Science is a method; it is not a worldview, not a way
of life, and not a philosophy. Science
is something one does, not something one believes in.
Evolutionary theory
does not assert that history (either human or biological) is inevitably
"progressive", moving inexorably from "good" to
"better"; all organisms alive today have evolved just as far from
life's common ancestor as has any other, and all have reached a level of
evolutionary "fitness" to survive and reproduce in their
environmental niche. No organism can be
viewed as being "more evolved" than any other -- they have all simply
evolved in different directions. The
process of evolution is totally ad hoc and nondirectional.
Neither does the
history of life move from "less complex" to "more complex"
-- parasites continually evolve that lose significant portions of their anatomy
and are simpler than their hosts, while in the biochemical sense, all the most
complex evolution happened in life's earliest stages, three billion years ago,
as one-celled organisms. Once multi-cellular animals appeared half a billion
years ago, in the pre-Cambrian period, the biochemical story of life became
rather routine; life since the pre-Cambrian has consisted largely of relatively
simple variations on the same biochemical theme.
ONE: A History of Fundamentalism
In order to fully
understand the creation science/intelligent design movement, we must look at
the larger movement of which it is a part -- the fundamentalist Christian
religious crusade in the United States -- and how the ID/creationists fit into
this.
Christian
fundamentalism is almost uniquely an American phenomenon. Although most of the development of
fundamentalist thought occurs in the United States, this phenomenon was itself,
originally, a reaction to a series of intellectual trends that happened in
Europe.
From the time of
the earliest Christian church in the first century CE, to the time of the
European Enlightenment, the dominant view was that the Bible had been directly
revealed by God to a small number of authors. The first five books of the Bible, known as the Pentateuch (Genesis,
Exodus, Leviticus, Numbers and Deuteronomy), were, according to tradition, all
written by Moses during the 40 years of wandering in the Sinai desert.
One of the first
criticisms of the traditional view of the Mosaic authorship of the Pentateuch
was made in Germany in 1520, when the Reformation scholar Carlstadt wrote an
essay pointing out that the description of Moses's death (Deuteronomy 32:5-12)
shared several literary characteristics with portions of the rest of
Deuteronomy. Since, Carlstadt pointed
out, Moses could not have written of his own death, he concluded that the same
person had written both sections of the book, and that person could not have
been Moses. In 1651, Thomas Hobbes, in
his book Leviathan, also concluded that several portions of the
Pentateuch could not have been written by Moses. In support of his hypothesis, he cited several Biblical verses
which referred to events that happened after Moses's death. Twenty-five years later, the Jewish philosopher
Baruch Spinoza concluded that not only had Moses not written the Pentateuch,
but much of the rest of the Old Testament was not written by a single person
either, and was probably edited together from pre-existing manuscripts.
The first serious
attempt to examine the matter took place in 1753, when a French doctor, Jean
Astruc, published a pamphlet (anonymously) titled Conjectures on the
Original Documents That Moses Appears to Have Used in Composing the Book of
Genesis. Astruc pointed out that
many of the incidents and events described in Genesis were
"doublets", that is, they often were described twice in back-to-back
accounts that differed in details. There are, for instance, two different
accounts of the creation story in Genesis 1 and 2, and two different accounts
of the Flood story in later chapters. The presence of these repeated but different accounts, Astruc concluded,
didn't make sense if, as tradition held, Genesis was a single narrative written
in complete form by a single author.
To explain the
presence of these doublets, Astruc proposed what later became known as the
"Documentary Hypothesis". Using the techniques of literary and textual analysis that had already
been used for secular literature, Astruc compared the wording and style of
various passages in Genesis and concluded that there were two distinctly
different accounts in Genesis which, based on differing literary conventions,
were written by two different authors at different times, and then later
combined into one book. One of these
accounts consistently referred to God as "Elohim", or "The
Lord", while the other account consistently referred to God by the name
"Jehovah". Astruc labeled
these two different sources as "A" and "B".
Within a short
time, a group of German scholars expanded upon Astruc's ideas, and produced a
school of Biblical study that became known as "Higher
Criticism". By taking the
linguistic/textual analysis done by Astruc and applying it to the rest of the
Old Testament (which also contained doublets or even triplets -- there are for
instance three different versions of the Ten Commandments in Exodus and
Deuteronomy), the German scholars Eichhorn, Ewal, DeWette, Graf and Wellhausen
identified four different sources for the Old Testament. One of these source documents always
referred to God by the name "Jehovah", and therefore was labeled the
"J" source. The J source was
also distinguished by the particular words it used to describe the pre-Israeli
inhabitants of the Promised Land, and tended to depict God in anthropomorphic
terms. From implicit political assumptions made in the descriptions, it is
apparent that the J source was identified with the Aaronid priesthood which was
centered in Judah. The second identified source always referred to God as "Elohim",
and was called the "E" source. The E source used different words to describe the pre-Israeli
inhabitants of the Holy Land, and also tended to avoid anthropomorphic
depictions of God. The political
opinions implied in the account suggest that this source was allied with the
Shiloh priesthood in Israel. The book
of Deuteronomy had linguistic styles and topics that did not match either the J
or E source, and thus was identified with a different source "D".
Literary similarities led to the conclusion that the D source had also written
the books of Joshua, Judges, First and Second Samuel, and First and Second
Kings. Since the D source makes
references to material found in both the J and E source, it was concluded that
it had been written later. Finally, there is a fourth source text that seemed
to be most concerned with details of rituals and the conduct of priests, as
well as a penchant for long lists of dates and geneologies. This has been labeled the "P"
source (for "priestly"). This
is the source for the detailed laws of Leviticus. The P source is generally held to have been the most recent,
chronologically. All of these varying
sources were later edited together into their final form by an unknown person
or persons known as the Redactor, who probably performed this task in about 400
BC. This view, known as the Documentary
Hypothesis, is still held today by most Biblical scholars.
When the
Documentary Hypothesis entered the United States during the late 19th century
and became widely accepted (under the name "Modernism"), it exploded
like a bombshell among the conservative elements of the Protestant churches.
Not only did the German school reject the traditional idea that the Pentateuch
was the work of a single author who had recorded the words dictated by God, but
it concluded that the Bible itself was a collection of different documents by
different authors, each with differing theologies and motives. The American conservatives flatly rejected
the idea of a Bible that was pieced together years after the events which it
describes. William Jennings Bryan, one
of the most prominent Christian conservatives, thundered, "Give the
modernist three words, 'allegorical,' 'poetical,' and 'symbolically,' and he
can suck the meaning out of every vital doctrine of the Christian Church and
every passage in the Bible to which he objects."
In response to the
Modernist Higher Criticism, conservative Protestants in the United States met,
in the Niagara Bible Conference in1897, to hammer out a counter-theology, a process
that continued within several of the conservative Protestant denominations for
over a decade. By 1910, the
conservative traditionalists had settled on a set of five principles which,
they argued, defined Christianity. These were (1) the inerrancy of the Bible, (2) the Virgin Birth and the
deity of Jesus, (3) the belief that Jesus died to redeem mankind's sin and that
salvation resulted through faith in Jesus, (4) the physical resurrection of
Jesus, and (5) the imminent Second Coming of Jesus. Between 1910 and 1915, a series of twelve booklets were
published, titled The Fundamentals; A Testimony to the Truth, containing
94 articles by 64 authors, setting out and defending these principles. The introduction to the first volume
declared, "In 1909 God moved two Christian laymen to set aside a large sum
of money for issuing twelve volumes that would set forth the fundamentals of
the Christian faith, and which were to be sent free of charge to ministers of
the gospel, missionaries, Sunday school superintendents, and others engaged in
aggressive Christian work throughout the English speaking world." From these booklets, the conservative
Christians became known as "the fundamentalists". Financed by the wealthy oil businessmen
Milton and Lyman Stewart, some 3 million copies of The Fundamentals were
printed. In 1919, the World Conference
on Christian Fundamentals met in Philadelphia. At around the same time, the Moody Bible Institute was formed to publish
fundamentalist defenses of Biblical inerrancy, and fundamentalist theologian
Cyrus Scofield published an annotated Reference Bible, with margin notes
defending literalist interpretations of Biblical passages. The fundamentalist conviction that they
alone were the True Christians led to a long series of bitter fights with other
Christians, as fundamentalists sought to take over as many theological
institutes as they could in order to purge them of "modernists" and
"liberals".
In addition to the
five Biblical "fundamentals", the conservative Protestants also came
to largely accept and embrace a number of other concepts that had not
previously been a tenet of any of the major Christian denominations. These included (1) exclusivity, the idea
that only the fundamentalists are able to authoritatively interpret the
"true meaning" of the Bible, and thus are the only legitimate
"True Christians", and (2) separation, the idea that not only are any
other Christian interpretations (Catholic, liberal churches) utterly wrong, but
it is the duty of fundamentalists to oppose and overcome them, while remaining
apart from their corrupting influence. These characteristics, indeed, have today come to be almost the defining
characteristics of any "fundamentalist" church.
The majority of the
essays included in The Fundamentals were attacks on Higher Criticism,
and defenses of an inerrant Bible that was to be taken as literal history and
revelation. Other essays attacked the
idea of the "Social Gospel", in which many liberal Christians
asserted that Christians should ally with other social groups and become active
in political movements to improve the living conditions for all humans. The fundamentalists rejected this idea,
arguing instead that, since the Second Coming was imminent, the only task of
the church should be to save as many souls as possible in the short time left
before the world came to an end. The
fundamentalists also did not want to associate with what they viewed as
heretical and apostate liberal Christians.
It was the third
major target of the fundamentalists, however, which ignited a conflict that
continues to this day and is the direct ancestor of the creationist/intelligent
design movement -- the political campaign targeting science, and, in
particular, evolution.
In the years after
Darwin first published On the Origin of Species, there was, as Darwin
had expected, a storm of criticism from European religious figures who viewed
the idea that humans had descended from animals as a direct attack on the
Bible. Anglican Bishop Sam Wilberforce,
in a public debate with evolution-supporter Thomas Huxley, famously asked if it
was on his father's side or mother's side that Huxley claimed descent from
apes. In a remarkably short time,
however, religion had made its peace with Darwin, and by 1900, nearly every
religious authority in Europe accepted the conclusions of science, just as it
had accepted the conclusions of the Bible's literary scholars concerning the
Documentary Hypothesis.
In America,
however, the situation was quite different. The fundamentalists rejected evolution and the scientific outlook with
all the fervor and vitriol that they had aimed at the German Biblical
scholars. Princeton theologian J.
Gresham Machen declared, "The root of the movement (liberalism) is one;
the many varieties of modern liberal religion are rooted in naturalism -- that
is, in the denial of any entrance of the creative power of God (as
distinguished from the ordinary course of nature) in connection with the origin
of Christianity . . . our principle concern . . . is to show that the liberal
attempt at reconciling Christianity with modern science has really relinquished
everything distinctive of Christianity, so that what remains is in essentials
only that same indefinite type of religious aspiration which was in the world
before Christianity came upon the scene. In trying to remove from Christianity
everything that could possibly be objected to in the name of science, in trying
to bribe off the enemy by those concessions which the enemy most desires, the apologist
has really abandoned what he started out to defend...The plain fact is that
liberalism, whether it be true or false, is no mere 'heresy' -- no mere
divergence at isolated points from Christian teaching. On the contrary it
proceeds from a totally different root, and it constitutes, in essentials a
unitary system of its own . . . It differs from Christianity in its view of
God, of man, of the seat of authority and the way of salvation . . .
Christianity is being attacked from within by a movement which is
anti-Christian to the core." Tent
revivalist Billy Sunday referred to evolution as a "bastard theory"
which was supported only by "hireling ministers".
Fundamentalist
religious organizations formed alliances with conservative lawmakers to pass
"monkey laws" -- laws which made it illegal to teach evolution -- in
almost half of the states. In 1928, for
instance, the state of Arkansas passed a law (by referendum) making it illegal
to teach "the theory or doctrine that mankind ascended or descended from a
lower order of animals." (Arkansas Initiated Act 1, 1928, cited in
Eldredge 1982, p. 15 and LaFollette, 1983, p. 5) Another such law was the Butler Act, approved by the Tennessee
state legislature in March 1925. The
Butler act stated: "It shall be
unlawful for any teacher in any of the Universities, Normals and all other
public schools of the State which are supported in whole or in part by the
public school funds of the State, to teach any theory that denies the story of
the Divine Creation of man as taught in the Bible, and to teach instead that
man has descended from a lower order of animals." (Butler Act, Tennessee
State Legislature, 1925)
The American Civil
Liberties Union decided to challenge the constitutionality of the new Tennessee
law, and announced that it would defend any teacher who would intentionally
violate the Butler Act to produce a test case. In Dayton, Tennessee, biology teacher John T Scopes volunteered,
probably with the encouragement of local officials who wanted to generate some
publicity. William Bell Riley, the
founder and president of the World Christian Fundamentals Association, asked
William Jennings Bryan (a populist political figure and three-time Democratic
Party candidate for President) to join the legal team defending the Butler Act,
which in turn led Clarence Darrow, one of the most prominent lawyers in the US,
to join the Scopes defense team. The
result was the Scopes Monkey Trial, perhaps the most famous court proceeding in
American history. Amidst the carnival-like
atmosphere (aided by the acid commentary of widely-read journalist HL Mencken),
the trial degenerated into an attack and counter-attack concerning the
influence of fundamentalism on science and education. Bryan himself took the stand as an "expert witness on the
Bible", and was grilled by Darrow for two hours concerning his
fundamentalist interpretations:
"DARROW:
I will read it to you from the Bible: "And the Lord God said unto the
serpent, because thou hast done this, thou art cursed above all cattle, and
above every beast of the field; upon thy belly shalt thou go and dust shalt
thou eat all the days of thy life." Do you think that is why the serpent is compelled to crawl upon its
belly?
BRYAN:
I believe that.
DARROW:
Have you any idea how the snake went before that time?
BRYAN:
No, sir.
DARROW:
Do you know whether he walked on his tail or not?
BRYAN:
No, sir. I have no way to know. (Laughter in audience)." (Scopes trial transcript)
Bryan thundered
that Darrow's only purpose was "to cast ridicule on everybody who believes
in the Bible", leading Darrow to shoot back, "We have the purpose of
preventing bigots and ignoramuses from controlling the education of the United
States." (Scopes trial transcript)
Although Scopes was
convicted of teaching evolution and was fined $100, the case was overturned on
appeal due to a technicality, robbing the ACLU of its chance to take the matter
to the Supreme Court. For the
fundamentalist movement, however, the Scopes trial was a disaster. Sarcastic newspaper articles, by Mencken and
others, as well as novels such as Sinclair Lewis's Elmer Gantry, depicted fundamentalists as uneducated hicks
and backwoods country bumpkins. The
political victories won by the fundamentalists, including the monkey laws, died
within a few years. The infighting
within seminaries and theological institutes between fundamentalists and
modernists led to a steep decline in students training for the clergy, and a
sharp decrease in church memberships. By the time of the Great Depression in 1929, fundamentalism was all but
dead as an effective social or political movement.
After the end of
World War II, the beginning of the Cold War with the Soviet Union revived the
fundamentalist's fortunes. The
atheistic Leninists who ran the USSR were a convenient enemy for the
fundamentalists, and they quickly entered into alliances with right-wing
anti-communist political figures. The
era of rampant McCarthyism was a fertile breeding ground for fundamentalist
theology, and gave fundamentalists a measure of political influence that they
had not enjoyed for decades. It was not
until the mid-1970s, however, that the fundamentalist wing of Christianity
began to make political influence an aim in itself, and actively sought to use
the power of right-wing politicians to
enforce their fundamentalist religious and social opinions onto the rest of
society. This marked the rise of the Religious Right, the immediate ancestors
of the ID/creationists.
Like the
fundamentalist movement of the 20s, the Religious Right was a reactionary
response to social changes which they found religiously objectionable and
intolerable. The late 1960s were a time
of intense and far-reaching social change in the US. Within the space of ten years, a new generation had placed all of
the traditional American social structures under critical examination, and
found them wanting. The civil rights
movement broke down traditional social roles and also led to the renewed rise
of the Social Gospel advocates, who advocated that Christians work together to
improve social conditions for the poor and the oppressed. During the 60s, the anti-war and human
rights movements led to questions about patriotism and the role of the US in
world affairs; participatory democracy
movements challenged traditional political authority; the women's liberation
and gay liberation movements challenged sexual mores and family structures;
interest in Eastern religious traditions led to skepticism about the role of
traditional Christianity in society. All of these were anathema to the fundamentalists.
Fundamentalist
hostility was particularly marked towards a number of Supreme Court decisions
during the period. The first of these
was the 1954 Brown v Board of Education decision, which outlawed
segregated schools. Southern
fundamentalists in particular viewed segregation as Biblically-approved, and
bitterly fought desegregation and the civil rights movement. In response to the 1954 decision, many
fundamentalist churches set up their own private schools, which were not
subject to the Court's decision and were therefore free to continue to practice
segregation. (The fundamentalist Bob
Jones University would later sue the Federal government in an effort to be
allowed to continue to ban Black students; after losing, BJU banned
inter-racial dating among its students, a policy that was only withdrawn in the
face of public disapproval in the wake of a visit by President George W. Bush
in 2000.) In 1961, the Supreme Court
dealt the fundamentalists another blow when, in the Engel v Vitale case,
it outlawed government-sanctioned prayer in schools, saying, "We think
that, in this country, it is no part of the business of government to compose
official prayers for any group of the American people to recite as a part of a
religious program carried on by government." (US Supreme Court, Engel v
Vitale, 1961) In 1968, the Court ruled,
in the case of Epperson v Arkansas, that all of the various
anti-evolution "monkey laws" were unconstitutional.
The fundamentalists
saw their views as coming under attack on nearly every front. In response, as they did in the 20s,
fundamentalists in the 1970s sought to gain political influence by allying
themselves with politicians. In the
1976 election, presidential candidate Jimmy Carter caught the attention of
fundamentalists when he spoke publicly about his religion and about being
"born again". Some elements
of the fundamentalists saw Carter's candidacy as an opportunity to have their
religious concerns addressed, and supported Carter and the Democratic
Party. It quickly became apparent,
however, that Carter's policies were far too liberal to suit the
fundamentalists, and they turned to the Republican Party instead.
As it happened, the
right wing of the Republican Party was also looking for allies to help it
defeat not only the Democrats, but also the moderate and
traditional-conservative elements within their own party. The marriage was made. After the 1976 elections, Robert Grant
formed a group called Christian Voice to channel fundamentalist money and votes
to right-wing Republican candidates, including Ronald Reagan and Dan
Quayle. One of Christian Voice's most
effective members was Richard Viguerie, who turned direct-mail marketing into
an astoundingly effective method of raising money and informing supporters
which candidates were "godly" and which weren't. After a falling-out with Grant in 1979,
Viguerie left and, working together with conservative political figure Paul
Weyrich and televangelist Jerry Falwell, formed the first effective national
fundamentalist political organization, Moral Majority Inc. The fundamentalists were instrumental in
getting Ronald Reagan elected in 1980, and have not left the fold of the
Republican Party ever since. Over the
next two decades, under a number of organizations such as Christian Coalition, Concerned Women of America,
Focus on the Family, Coalition for
Traditional Values, and Eagle Forum, fundamentalist Christians allied with the
Republican Party gained unprecedented political power and influence -- which
they continue to exercise under the Presidency of George W. Bush.
The Religious Right
was also quick to take up the anti-evolution crusade. In late 1981, Falwell telecast an appeal for money to help defend
the anti-evolution law in Arkansas -- using as the backdrop for his appeal the
very same Dayton, Tennessee, courthouse in which the original Scopes trial was
held. Moral Majority also ran a number of ads in various magazines to publicize
the trial and raise money. One of the ads took the form of a
"survey", which asked the reader (with all the appropriate catch
words emphasized) to mail in a "ballot":
"Cast
your vote for creation or evolution. Where do you stand in this vital debate?
-
Do you agree with 'theories' of evolution that DENY the Biblical account of
creation?
-
Do you agree that public school teachers should be permitted to teach our
children AS FACT that they are descended from APES?
-
Do you agree with the evolutionists who are attempting to PREVENT the Biblical
account of creation from also being taught in public schools?" (TV Guide,
June 13, 1981, p. A-105)
Those who sent in
their "ballot" (with the proper answers checked) were put on Moral
Majority's mailing list for fundraising and further anti-evolution mailings.
Falwell also turned
the resources of Liberty University, a large Bible college which was wholly
funded by Moral Majority, towards the fight against evolution. All students at
Liberty University, regardless of major, were required to take a semester-long
course in creationist biology. The state-approved teacher training program at
Liberty was heavily focused on creationism. As a symbol of the close affinities
between the creationists and the Moral Majority, Liberty University Chancellor
Jerry Falwell himself awarded an honorary doctorate to ICR founder Henry Morris
during commencement exercises in 1989.
As researcher
Philip Kitcher points out, both the creationists and the fundamentalists gained
benefits from this partnership. "Jerry Falwell's Old Time Gospel Hour
offers a forum for broadcasting creationist ideas. On the other hand, Falwell
needs concrete issues around which to build his movement." (Kitcher, 1982,
p. 2) The televangelists recognized the creation "scientists" as a
powerful apologetic tool to bring new people into the Christian political
movement, while the creationists came to depend upon the Religious Right as a
powerful political and economic ally.
Moral Majority
co-founder Tim LaHaye (he later became the author of the fundamentalist Left
Behind series of books) had close
ties to the creationists. In his influential fundamentalist manifesto Battle
for the Mind, LaHaye put the fight against evolution squarely in the middle
of the evangelical Christian world-view. The basic enemy of the Religious Right
is something they refer to as "secular humanism", which seems to be a
catch-all term for any outlook or philosophy which they find religiously
offensive--everything from pornography to feminism to socialism to evolutionary
science. "Most of the evils in the world today," says LaHaye,
"can be traced to humanism, which has taken over our government, the UN,
education, TV and most of the other influential things in life." (LaHaye,
1980, p. 1)
And a major component
of this "secular humanism", LaHaye asserts, is evolutionary theory:
"The humanistic doctrine of evolution has naturally led to the destruction
of the moral foundation upon which this country was originally built. If you
believe that man is an animal, you will naturally expect him to live like one.
Consequently, almost every sexual law that is required in order to maintain a
morally sane society has been struck down by the humanists, so that man may
follow his animal appetites." (LaHaye, 1980, p. 64) LaHaye's book depicts
a diagram of "secular humanism", which shows a pyramidical
construction in which "evolution" rests on the base of
"atheism", in turn supporting "amorality" and, at the top,
the "socialist one world view" (LaHaye, 1980, p. 63)
Some of the
statements made by creationists reveal the underlying connection between
creation "science" and LaHaye's religious crusade against
"secular humanism". "Since animals are indiscriminate with regards to partners in
mating," says Henry Morris, "and since men and women are believed to
have evolved from animals, then why shouldn't we live like animals?"
(Morris, Troubled Waters of Evolution, 1974, p. 167) Morris declared that
evolutionary theory is literally the work of the Devil -- given to Nimrod at
the Tower of Babel -- and that most scientists refuse to accept creationism
solely because they are atheists. Ken Ham, formerly of the ICR and now leader
of the Answers in Genesis organization, says, "As the creation foundation
is removed, we see the Godly institutions also start to collapse. On the other
hand, as the evolution foundation remains firm, the structures built on that
foundation -- lawlessness, homosexuality, abortion, etc -- logically increase. We
must understand this connection." (cited in Eve and Harrold, 1991, pp
58-59) The Creation Science Research
Center blamed the scientific model of evolution for "the moral decay of
spiritual values, which contributes to the destruction of mental health",
as well as "a widespread breakdown in law and order" (Creation
Science Report, April 1976, cited in Numbers, 1992, p. 285). Evolutionary
theory, the CSRC pontificated, is directly responsible for "divorce,
abortion, and rampant venereal diseases." (Segraves, The Creation Report,
1977, cited in Numbers, 1992, p. 285)
The creationists
and the Religious Right thus shared a world-view, a world-view that revolves
around the supposed evils of evolutionary theory. Both groups see evolution as
a major pillar which supports Satanic "secular humanism", and both are
determined to do away with that pillar and substitute a "Godly"
outlook instead -- creationism. "Although they make every effort to be
diplomatic about the subject," notes writer Perry Dean Young, "the
religious-right leaders are not speaking of teaching the story of the creation
in Genesis alongside Darwin's theory; they want it taught instead of evolution.
A headline in Religious Roundtable's newsletter that read 'Get Evolution Out of
Our Schools' let that fact slip." (Young, 1982, p. 73) The creationists
also occasionally let their ultimate goal slip in print too; while pushing the
Arkansas "Balanced Treatment Act" through, creationist Paul
Ellwanger, who drafted the original bill, wrote to a supporter, "Perhaps
this is old hat to you, Tom, and if so, I'd appreciate it your telling me so
and perhaps where you've heard it before -- the idea of killing evolution instead
of playing these debating games that we've been playing for nigh over a decade
already." (Attachment to Ellwanger Deposition, McLean v Arkansas, 1981,
cited in Overton Opinion)
But "killing
evolution" is not their only stated goal. The Religious Right is defiantly
open about its ultimate theocratic political aims. As Bob Werner, a leader of
the "Christian shepherding" movement, bluntly put it, "The Bible
says we are to . . . rule. If you don't rule and I don't rule, the atheists and
the humanists and the agnostics are going to rule. We should be the head of our
school board. We should be the head of our nation. We should be the Senators and
Congressmen. We should be the editors of our newspapers. We should be taking
over every area of life." (cited in Diamond, 1989, p. 45) Paul Weyrich, a
co-founder of Moral Majority and director of the fundamentalist Committee for
the Survival of a Free Congress, declared, "We are no longer working to
preserve the status quo. We are radicals, working to overturn the present power
structures of this country." (cited in Young, 1982, p. 321 and Kater 1982,
p. 7) Weyrich added, "We are talking about the Christianizing of
America." (cited in Vetter 1982, p. 5) Randall Terry, who founded the militant anti-abortion group Operation
Rescue, put it, "I want you to just let a wave of intolerance wash over
you. I want you to let a wave of hatred wash over you. Yes, hate is good... Our
goal is a Christian nation. We have a biblical duty, we are called on by God to
conquer this country. We don't want equal time. We don't want pluralism."
(The News Sentinel, Ft. Wayne, IN., August 16, 1993) "This is God's world, not Satan's," declared leading
fundamentalist political figure Gary North. "Christians are the lawful
heirs, not non-Christians . . . . The long-term goal of Christians in politics
should be to gain exclusive control over the franchise. Those who refuse to
submit publicly to the eternal sanctions of God by submitting to His Church's
public marks of the covenant -- baptism and holy communion -- must be denied
citizenship, just as they were in ancient Israel." (Political Polytheism:
The Myth of Pluralism, Institute for Christian Economics, 1989, p.87, p.
102) North continues, "So let us
be blunt about it: We must use the doctrine of religious liberty to gain
independence for Christian schools until we train up a generation of people who
know that there is no religious neutrality, no neutral law, no neutral
education, and no neutral civil government. Then they will be get busy in
constructing a Bible-based social, political and religious order which finally
denies the religious liberty of the enemies of God." ("The Intellectual Schizophrenia of the
New Christian Right" in Christianity and Civilization: The Failure of the
American Baptist Culture, No. 1, 1982, p. 25)
As the
fundamentalists pointed out, one of the most important areas in which
"Christians" must "govern" are the local school
districts -- and they make it clear that creationism is the issue which provided
them with the opportunity to do this. As Tim LaHaye bluntly put it, "The
elite-evolutionist-humanist is not going to be able to control education in
America forever." (LaHaye 1980, p. 3) Pat Robertson said, "Humanist
values are being taught in the schools through such methods as 'values
clarification'. All of these things constitute an attempt to wean children away
from biblical Christianity". (cited in Boston, 1996, p. 168)
Other
fundamentalist apologists were just as clear about their ultimate goals for
public education:
"Our
purpose must be to spread the gospel on the new mission field that the Lord has
opened -- public high schools". (Jay Alan Sekulow, American Center for Law
and Justice, CASE Bulletin, July 1990)
"To
abandon public education to Satan is to compromise our calling. The attitude
and approach of Christians should be that they never expose their children to
public education, but that they should work increasingly to expose public
education to the claims of Christ. Certain specially suited Christians, in
fact, should pray and work tirelessly to obtain teaching and school board and
even administrative positions within public education. The penultimate goal of
these Christians should be the privatization of these larcenous institutions,
and the ultimate aim the bringing of them under the authority of Christ and His
word." (Rev. Andrew Sandlin, Chalcedon Report, March 1994)
"There
are 15,700 school districts in America. When we get an active Christian
parents' committee in operation in all districts, we can take complete control
of all local school boards. This would allow us to determine all local policy;
select good textbooks; good curriculum programs; superintendents and
principals." (Robert Simonds, Citizens for Excellence in Education, 1984)
"The
Christian community has a golden opportunity to train an army of dedicated
teachers who can invade the public school classrooms and use them to influence
the nation for Christ." (D. James Kennedy, Education; Public Problems and
Private Solutions, Coral Ridge Ministries, 1993)
A fundraising
letter sent from the Creation Science Research Center seconded these
sentiments: "We already have a state-mandated religion of atheism -- of
Godlessness -- of Satanism -- and no church training of one hour a week will
overcome this onslaught of anti-God teachings in the classroom. The Church must
get involved." (Letter from CSRC, cited in LaFollette 1983, p. 126) Gary North frankly pointed out, "Until
the vast majority of Christians pull their children out of the public schools,
there will be no possibility of creating a theocratic republic." (cited in
Blaker, 2003, p 187)
During the
Reagan/Bush/Gingrich years, creationists were very active in state textbook
committees and curriculum boards, where they attempted to pressure various
states into dropping biology textbooks which feature evolutionary theory. In
the late 1980s, bowing to creationist pressure, the state of Texas mandated
that all biology textbooks carry a disclaimer stating that evolution is
"only a theory" and "not established fact". And the GOP was quick to attempt to tap this
resource. State Republican Parties in Texas, Oklahoma and Iowa all adopted
platform planks which advocate teaching creationism in schools.
Even the national
Republican leadership demonstrated a willingness to kowtow to the creationists.
In its 1994 "Contract for America", the GOP asserted, of its proposed
"Family Reinforcement Act", that it "will strengthen the rights
of parents to protect their children against education programs that undermine
the values taught at home" -- a code word for removing evolution, sex
education, and other things which offend fundamentalist sensibilities. During
the 1996 campaign, Presidential candidate Pat Buchanan appealed to
fundamentalist support by attacking evolution. When asked by a commentator if
he favored the teaching of creationism in public schools, Buchanan replied,
"You may believe you descended from monkeys -- I don't believe it. I think
you're created --I think you're a creature of God." When asked, "Do
parents have the right, in your judgment, to insist, if they believe in
creationism, that it also be taught in public schools?", Buchanan
declared, "I think they have a right to insist that godless evolution not
be taught to their children, or their children not be indoctrinated into
it." Several days later, fellow
GOP candidate Alan Keyes was asked about creationism and its critics. "I
think they ought to take a look at our country's founding document," Keyes
replied. "It says, 'All men were created', and 'endowed by their creator
with inalienable rights'. . . I don't think it is only a question of
Judeo-Christian beliefs. It is of American beliefs."
To the initiated
faithful, the creationists also make no secret of their political goals. As
Henry Morris of the Institute for Creation Science admits, the ultimate goal of
the creationists is to bring first science, then the rest of society under
Biblical proscriptions: "A key purpose of the ICR is to bring the field of
education -- and then our whole world insofar as possible -- back to the
foundational truth of special creation and primeval history as revealed first
in Genesis and further emphasized throughout the Bible".
In essence, the
fundamentalists and their creationist allies want to do for the United States
what the fundamentalist Taliban did for Afghanistan and the Ayatollahs have
done for Iran -- they want to run the country in accordance with their interpretation
of "God's will". As they make clear, they are perfectly willing to
dismantle most of American democracy in order to save America from Satan. Rev.
James Robison put it like this, "Let me tell you something else about the
character of God. If necessary, God would raise up a tyrant -- a man who might
not have the best ethics -- to protect the freedom and the interests of the
ethical and the godly." (cited in Vetter 1982, p. 6)
In the United
States, however, any such attempt to rule in accordance with any
"Christian" religious doctrine runs head-on into a solid wall -- the
Constitutional wall between church and state.
TWO: Separation of Church and State
"Congress
shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof."
With those words,
in the First Amendment to the Constitution, the fledgling United States of
America became the first nation to place into law the notion that religious
beliefs were a private matter for individuals who had the legal right to
freedom of conscience, and that no government had the right or authority to
dictate what religious opinions people shall or shall not hold. Since then, the "wall of separation
between church and state" has been a bedrock principle of democracy -- and it is this very principle that has
become the focus of attack by the fundamentalist political movement in the US
today. The openly-declared aim of the
fundamentalist Christian movement is precisely to dismantle the wall between
church and state, and to legally establish the US as a fundamentalist version
of a "Christian Nation".
In order to
understand the significance of the First Amendment's "establishment clause",
it is helpful to look at the reasons why it was adopted, and the history that
made it necessary. That history begins
in Europe.
For 1500 years, the
Roman Catholic Church was the only religious authority in Europe. The Papal organization had also come to
enjoy a significant secular political influence, as well. By the beginning of the 16th century, the
Catholic Church was the most powerful (and wealthy) organization in Europe. Not surprisingly, it had also become riddled
with corruption and abuses of both religious and secular power, and these
provoked criticism, opposition, and, eventually, outright rebellion.
The explosion
happened in 1517, when an Augustinian monk named Martin Luther nailed his
"95 Theses" to the door of the Wittenburg Church in Germany. The Theses protested the corruption and
abuses that Luther saw in the Church hierarchy, including such practices as the
sale of indulgences, the marriage of priests, and the secular power and wealth
of the Pope. Three years later, Luther
wrote three books which attacked the doctrine of papal infallibility and the
status of priests as intermediaries between humans and God. Instead, Luther argued, every man was
entitled to be his own priest, to read and interpret the Bible for
himself. The resulting
"Protestant" movement soon spread throughout Europe. In 1535, the city of Geneva overthrew the
local prince (who was also a Bishop in the Catholic Church) and declared itself
a Protestant city. In response,
Protestants in Bern sent John Calvin to Geneva to help organize the new
churches. Calvin followed a severely
strict interpretation of the Bible, and imposed a harsh set of moral laws on
the city of Geneva. The citizens of
Geneva, in turn, viewed Calvin as no better than the Pope, and exiled him three
years later. Calvin settled in the city
of Strasbourg, where he wrote "The Institutes of the Christian
Church". Along with Luther, Calvin
would become one of the most influential founders of Protestant Christianity.
Calvin popularized
two ideas which would later become important in Christian fundamentalism
(indeed, most modern fundamentalists are heavily Calvinist in their
views). The first of these was
"biblical literalism", the idea that every word written in the Bible
had to be followed totally and unquestioningly, and, conversely, any religious
doctrine that was not found in the Bible was false and must be rejected. Calvin's second idea was that of
"predestination", the idea that the vast majority of Christians would
not be saved and would go to Hell, while only a tiny minority of Christians had
already been selected by God to enjoy salvation. While nobody knew who had been predestined to be saved or not,
Calvin asserted that, since the truly saved would naturally gravitate towards
the correct Christian beliefs, his own church would be made up mostly of the
selected elite. They were, Calvin
declared, "living saints".
The Protestant
Reformation split Europe in two, leading to centuries of political and
religious conflicts. Between 1560 and 1715,
there were only thirty years during which there were no large-scale wars
between Catholic and Protestant rulers. In Germany, various Catholic and Protestant principalities fought each
other until the Peace of Augsburg in
1555 divided Germany into Catholic and Protestant regions. In France, a Calvinist group known as
Huguenots rebelled against the Catholic king. The French Wars of Religion lasted from 1562 to 1598. The climax of the French Wars of Religion
was the St Bartholomew Massacre in 1572, when the French King's troops rounded
up over 3,000 French Huguenots in Paris and systematically killed them
all. By 1609, Europe was divided into
two hostile armed camps, the Catholic League and the Protestant Union. In 1618, all of Europe was consumed by the
Thirty Years War, in which Catholics and Protestant slaughtered each other on a
scale not seen again in Europe until the Napoleonic Wars. The war ended in 1648, leaving Europe
fragmented into over 300 different kingdoms and principalities, each with its
own state religion of Catholicism, Lutheranism or Calvinism.
In England, a group
known as the Puritans shrilly criticized the Church of England, which, though
Protestant, was not "reformed" enough for Puritan taste. The Anglican Church itself had broken from
the Catholics in 1534, when Henry VIII, angered by Pope Clement's refusal to
grant an annulment of the King's marriage to Catherine of Aragon, declared
himself the head of the Church of England, installed his own bishops and church
hierarchy, and made it a crime punishable by death to refuse to acknowledge the
King's supreme religious authority.
In 1603, the
Puritans (who were largely Calvinists) demanded a set of reforms to be applied
to the Church of England which would have imposed Puritan religious opinions
onto the entire country. These proposed
reforms were rejected, and under Archbishop William Laud, the Church of England
attempted to marginalize and repress the Puritans -- a difficult task, since
the Puritans made up a large section of the English population. The Puritans, meanwhile, viewed King Charles
I with suspicion, pointing to his French wife and his reluctance to enter the
Thirty Years War as evidence of his "papist" leanings. When the English Civil War broke out in
1642, the Puritans made up most of the Parliamentarian forces under Oliver
Cromwell, which defeated the Royalist armies of King Charles I and beheaded him
in 1649.
For the next four
years, Parliament ruled England. In
1653, however, Cromwell and his army took over, disbanded Parliament ("in
the name of God", he announced to them, "go"), and declared
himself the "Lord Protector" of England. Until his death in 1658, Cromwell ruled as king in all but name,
and placed England under the harshly strict moral code demanded by his
Calvinist faith. Theaters were closed;
work on the Sabbath was forbidden; even swearing was outlawed under penalty of
a fine or, for repeat offenders, prison. His anti-Catholic stance prompted him to invade Ireland and
"tame" it with a large force of troops. By the time he died in September 1658, Cromwell was a hated
man. Within two years, England no
longer had any functional central government, and in 1660, at the behest of the
Army, Charles II, the son of the beheaded Charles I, was restored to the
throne. In 1662, the Act of Uniformity
expelled all of the remaining Puritans from the Church of England, and other
laws outlawed any non-Anglican religious gatherings and required all public
officeholders to swear allegiance to the Church of England.
All of this had a
direct effect on what would become the United States. In 1608, a sect of Puritans, called the Separatists, were
convinced that the Church of England was so corrupt that it could not be
reformed, and decided to form their own church. They quickly came to the attention of Anglican Archbishop Laud's
efforts to repress religious dissenters, and left England for the more
religiously open Netherlands. By 1620,
88 Separatist "Pilgrims" embarked on the ship Mayflower for
Delaware, in the New World, where they hoped to establish their own version of
the "pure church". By
mistake, they landed at a spot in Massachusetts now known as "Plymouth
Rock" in December 1620. Within a
few years, other Puritans had formed the Massachusetts Bay Company, which
obtained a charter from Charles I (who was glad to be rid of them) for a colony
in the New World. In 1630, the
Massachusetts Bay colony was formed, with John Winthrop as its governor. By 1640, there were some 17,800 Puritan
colonists in New England, growing to over 100,000 by 1700. The bulk of immigration from England to
North America, known as The Great Migration, took place in the twelve years
before the outbreak of the English Civil War. Between the English Civil War and the American War of Independence, the
flow of people from England to America slowed to a mere trickle; most New
Englanders in 1776 were descendents of ancestors who had come over in the Great
Migration.
The Puritans who
founded the New England colonies may have fled what they perceived as
"religious intolerance" (it was, after all, the Puritans themselves
who were attempting to force their religious extremism onto the English state),
but this did not prevent them from practicing religious intolerance
themselves. The Puritans believed
themselves to be God's Elect, and each of their colonies was a tiny Cromwellian
theocracy, ruled in strict accordance with Biblical strictures. In most
respects, Puritans in America were even stricter and more harsh than their
English counterparts. Although
ministers were not usually members of the civil government, they exercised
enormous influence, and the secular authorities scrupulously enforced Puritan
religious ideals. Laws required all
colony members to attend Sunday church services, and taxes were used directly
for church expenses. Contrary to
English law, the Puritan colonists in Massachusetts required voters and public
office-holders to be Puritans, rather than Anglican -- a defiance which led the
King of England to revoke the colony's charter in 1684.
Religious dissent,
however, infested the Puritan colonies, and they reacted in the same manner
that Cromwell did -- by repressing it. Quakers, Anglicans and other non-Puritans were denied the right to either
vote or hold public office. In 1635,
one of the most prominent dissenters, Roger Williams, was banished by the
Massachusetts Bay colony. Williams had
argued on Biblical grounds that no human government could have any power over
the church, and that the Puritan theocracy was heretical. After his banishment, Williams founded his
own colony at Rhode Island, and declared that the colonial government there
would not support or repress any religious views, including Quaker, Jew or
Anglican.
By 1776, economic
and political realities had turned most of the colonies away from strict
Puritan theocracy. The religious
influence of the Puritans, however, continued to be evident, and after
Independence was gained in 1783, many state constitutions continued to
establish official religions and use public funds to support favored
churches. Of the thirteen colonies,
eleven had religious requirements for voting or holding public office. Massachusetts, Delaware and Maryland
required all public officials to be Christians; Pennsylvania, New Jersey, New
Hampshire, Vermont, North and South Carolina and Georgia all required, more
specifically, that officeholders be Protestants. Even Rhode Island, which had been founded on Roger Williams'
principle of religious freedom, specified that only Protestants could vote or
hold office. At this time, Protestants
of various sects dominated the colonies -- the entire United States in 1780
contained only 56 Catholic churches and 5 Jewish synagogues. In the southern colonies, which had all been
established by Royal Charter, the state constitutions established the Church of
England as the official state church.
These official
state endorsements, naturally, were opposed by members of competing sects, and
after Independence, the colonies faced the question of how to placate the
critics. In New England, several
colonies tried to solve the problem by collecting taxes for the support of
churches, but allowing each individual taxpayer to decide which church would
receive his payment. This, however,
produced problems of its own. The
Quakers and the Baptists objected on religious grounds to any state involvement
in their church, even if the state was giving the money to their own church. The colonial governments responded by
allowing Quaker and Baptist objectors to apply for certificates which exempted
them from paying these taxes. This,
however, provoked even more problems. Members of other denominations could not object to paying these taxes
unless they "converted" to Baptism or Quakerism. This led to complaints that many of the
objectors weren't really Baptists or Quakers at all, which necessitated the
state deciding who really was or wasn't a Baptist or Quaker, and thus
"entangling" itself in delicate matters of religious doctrine.
A similar program
was attempted in Virginia in 1784. After the Anglican Church was disestablished, a group of Virginian
legislators introduced a proposed law that would tax citizens to support all
churches in the state equally. According to the proposed law, the result would be "a General and
equal contribution of the whole State upon the most equitable footing that it
is possible to place it", and "would have no Sect or Denomination of
Christians privileged to encroach upon the rights of another." (cited in
Feldman, 2005, p 35) This proposal
became known as General Assessment.
General Assessment
was opposed by many prominent Virginians, including James Madison. Although proponents of General Assessment
argued that the bill only supported religion in general, and was
"nondenominational" and "nonsectarian" because it did not
favor one religious group over another, Madison argued that this was not enough
-- the state had no business supporting or interfering with religion at all:
"Because
we hold it for a fundamental and undeniable truth, 'that religion or the duty
which we owe to our Creator and the manner of discharging it, can be directed
only by reason and conviction, not by force or violence.' The Religion then of
every man must be left to the conviction and conscience of every man; and it is
the right of every man to exercise it as these may dictate. This right is in
its nature an unalienable right. It is unalienable, because the opinions of
men, depending only on the evidence contemplated by their own minds cannot
follow the dictates of other men . . . The preservation of a free Government
requires not merely, that the metes and bounds which separate each department
of power be invariably maintained; but more especially that neither of them be
suffered to overleap the great Barrier which defends the rights of the people.
The Rulers who are guilty of such an encroachment, exceed the commission from
which they derive their authority, and are Tyrants. The People who submit to it
are governed by laws made neither by themselves nor by an authority derived
from them, and are slaves. . . . Who does not see that the same authority which
can establish Christianity, in exclusion of all other Religions, may establish
with the same ease any particular sect of Christians, in exclusion of all other
Sects? that the same authority which can force a citizen to contribute three
pence only of his property for the support of any one establishment, may force
him to conform to any other establishment in all cases whatsoever? . . . Because the Bill implies either that
the Civil Magistrate is a competent Judge of Religious Truth; or that he may
employ Religion as an engine of Civil policy. The first is an arrogant
pretension falsified by the contradictory opinions of Rulers in all ages, and
throughout the world: the second an unhallowed perversion of the means of
salvation." (Madison, "Memorial and Remonstrance" 1785)
When the
Constitutional Convention met in 1787, the topic of religion, and its relation
to the government, weighed heavily in the minds of the delegates. The bloody carnage of recent European
history, including the French Wars of Religion, the Thirty Years War, and the
English Civil War, were all directly the result of governmental support for and
action on behalf of religions, and the Founding Fathers were determined that
the new United States would not fall victim to the same mistakes. As Madison told the Constitutional
Convention, ""Religion itself may become a motive to persecution and
oppression." (http://www.usconstitution.net/consttop_reli.html) Citing the English Test Laws (which required
all public officials to be Anglicans), future Chief Justice Oliver Ellsworth,
argued, "The business of civil government is to protect the citizen in his
rights. . . Civil government has no
business to meddle with the private opinions of the people . . . A test law
(is) the offspring of error and the spirit of persecution. Legislatures have no right to set up an
inquisition and examine into the private opinions of men." (cited in Kramnick and Moore, 1996, p 42)
The delegates' goal
of keeping the Federal Government independent of religion was the topic of very
little actual debate at the Convention. The matter of religion was only mentioned twice in the Constitution. The first reference, in Article Six,
specifies that "no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United States." This was a direct rejection of the European
practice (taken up by the Puritan colonies) of requiring public officials to
swear loyalty to one religion or another, and to exclude any others from
office. The second reference to
religion is more obscure -- it occurs in the Oath of Office required of the
President: "I do solemnly swear (or
affirm) that I will faithfully execute the Office of President of the United
States, and will to the best of my Ability, preserve, protect and defend the
Constitution of the United States." The option to either "swear" or "affirm" the oath of
office is a direct result of the delegates' desire to avoid government siding
for or against any religion. Several
colonial churches, including the Quakers, considered it un-Christian to
"swear" oaths, and the Constitution therefore protected the right of
these dissidents, as well as non-religious people, to instead
"affirm" the Oath of Office in a religiously neutral or non-religious
form.
When the
Constitution was finished and presented for ratification, it did not contain
the listing of individual rights and liberties that we now refer to as the Bill
of Rights. The Framers had not thought
it necessary to specifically list these, but the omission sparked a storm of
criticism, including that of religious figures who were alarmed that no
specific freedom of religious thought had been enumerated. Influential Baptist minister John Leland
objected that the Constitution didn't specifically guarantee freedom of
religion, pointing out that "if a Majority of Congress with the President
favour one System more than another, they may oblige all others to pay to the
support of their System as much as they please."
(http://www.loc.gov/exhibits/religion/rel06.html)
When the state
legislature of Virginia ratified the US Constitution, it did so with the
understanding that the new Congress would pass a bill of rights, based on
twenty recommendations proposed by the Virginia delegates. One of these was that "no particular
religious sect or society ought to be favored or established by Law in
preference to others."
(http://www.loc.gov/exhibits/religion/rel06.html) This proposal was based on a law written by Thomas Jefferson
(Jefferson was absent for the entire Consitutional Convention -- he was in
France serving as Ambassador), that had been passed in Virginia in 1777,
stating "our civil rights have no dependance on our religious opinions,
any more than our opinions in physics or geometry . . . WE, the General
Assembly of Virginia, do enact that no man shall be compelled to frequent or
support any religious worship, place, or ministry whatsoever, nor shall be
enforced, restrained, molested, or burthened in his body or goods, nor shall
otherwise suffer, on account of his religious opinions or belief; but that all
men shall be free to profess, and by argument to maintain, their opinions in
matters of religion, and that the same shall in no wise diminish, enlarge, or
affect their civil capacities."
As a result of the
Virginia stipulation and other criticism, the First Congress passed ten
amendments to the new constitution, the Bill of Rights. And the first of these amendments took up
the topic of the relationship of government to religion. Several different versions were introduced,
but they were distilled down to "Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof", and
this was the wording that was codified into the First Amendment. The Bill of Rights was ratified in 1791.
When the new
Constitution was presented to the state legislatures for ratification, it came
under immediate attack by religious groups and political figures, on the
grounds that it did not support religion and did not officially
establish the US as a Christian nation. The "no religious test" provision in Article 6 was the object
of severe criticism. A critic in New
Hampshire argued that the lack of a religious test would allow "a papist,
a Mohomatan, a deist, yea an atheist at the helm of government". In North Carolina, one delegate complained
that "pagans, deists and Mahometans might obtain offices among us",
while another delegate was terrified that "Jews and pagans of every kind" could take office. In Massachusetts, another critic declared
that he hoped Christians would be voted into office, but "by the
Constitution, a papist, or even an infidel was as eligible as they". In the south, the slavery issue was raised;
a writer in Charleston, South Carolina, pointed out that without any religious test
for office, anti-slavery sects such as the Quakers "will have weight, in
proportion to their numbers, in the great scale of the continental
government". A Virginia writer
declared, "The Constitution is deistical in principle, and in all probability
the composers had no thought of God in all their consultations." (cited in Kramnick and Moore, 1996, p 33-34)
One of the most
widely read attacks on the new Constitution was a satirical pamphlet by
"Aristocrotis", titled The Government of Nature Delineated, or an
Exact Picture of the New Federal Constitution. In it, the writer argued that the Constitution was a godless
document, written by a handful of apostates, with the express goal of stamping
out religion:
"There
has been but few nations in the world where the people possessed the privilege
of electing their rulers; of prefixing a bill of rights to their constitutions,
enjoyed a free press. or trial by jury; but there was never a nation in the
world whose government was not circumscribed by religion. . . .What the world
could not accomplish from the commencement of time till now, they easily
performed in a few moments, by declaring, that 'no religious test shall ever be
required as a qualification to any office, or public trust; under the united
states.' "(Anti-Federalist #51, cited in http://www.members.tripod.com/candst/testban5.htm)
Other opponents
attacked the Constitution in the same vein. In New Hampshire, a delegate to the Ratifying Convention argued that
under the Constitution, "Congress might deprive the people of the use of
the Holy Scriptures". In
Massachusetts, another writer declared that "without the presence of
Christian piety and morals, the best Republican Constitution can never save us
from slavery and ruin". Other
Anti-Federalists warned ominously that the godless Constitution would cause God
to turn his back on the US, "because thou hast rejected the word of the
Lord, he hath also rejected thee". (cited in Kramnick and Moore, 1996, p 35-36)
Members of several
state ratifying conventions moved to change the Constitution by adding a
religious test to it; all these efforts were voted down.
Other states tried to add amendments banning
only government establishment of a
"particularly religious sect or society . . . in preference to
others". (cited in Feldman, 2005,
p 49)This was rejected on the grounds that it would still allow an unacceptable
General Assessment type of government support for "nondenominational"
or "nonsectarian" religion. The Constitution, with its explicit rejection of all governmental
support for religion, was ratified in 1788, and the First Amendment banning
establishment of religion was passed three years later.
Decades later,
Jefferson summarized the stance of the Constitution towards religion with a
famous phrase: "Believing that
religion is a matter which lies solely between man and his God, that he owes
account to none other for his faith or his worship, that the legislative powers
of government reach actions only, and not opinions, 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 and State" (Letter to the Danbury Baptists, 1802).
The
Courts and Church/State Issues
It is not enough,
however, to consider solely what the Founding Fathers intended for the
church/state relationship when they wrote the Constitution. After all, those same Founding Fathers also
clearly supported and legitimized human slavery in the Constitution, as well as
specifically limiting the right to vote to white male property-owners (less
than five percent of the colonial population actually had the right to vote
under the Constitution). In the centuries since, of course, the American
understanding of civil rights and human rights has evolved, and the
Constitutional status of voting rights and civil rights has changed in
response. Just as no sane person would
argue today that slavery should be legalized or that 95% of the US should be
denied the right to vote since that is what the Founding Fathers intended,
neither can we base current laws concerning the relationship between religion
and state solely on the opinions of the Founding Fathers on the matter. As Chief Justice William Brennan wrote in a
1997 essay, "The genius of the Constitution rests not in any static
meaning it may have had in a world that is dead and gone, but in the
adaptability of its great principles to cope with current problems and present
needs." (quoted in Washington
Post, July 25, 1997, p. A1) In the
years since the US was founded, several Supreme Court cases have therefore
played major roles in deciding exactly where the wall between church and state
lies, and how much, if any, intercourse there can be through this wall.
For its first
half-century, the United States was fairly homogenous in its religious
outlooks. Protestants dominated every
state, and while these all squabbled with each other over doctrinal
differences, for the most part they were able to live in harmony with each
other. >By the second half of the 19th
century, however, serious religious conflicts began to appear in the US.
In the 1840s, large numbers of Catholics
began emigrating to the US from Ireland. Not long after, the Mormons founded the Church of Jesus Christ Latter
Day Saints. Theological conflict
between these groups and the dominant Protestants invariably led to both sides
seeking political support for their religious views, and this ran directly into
the wall between church and state.
The first major
Supreme Court ruling involving church/state issues was the 1878 Reynolds v
United States decision. In this case, a Mormon defendant argued that he
should not have been convicted of bigamy, since his religion mandated multiple
wives, and therefore the state's anti-bigamy law violated the free practice of
his religion.
In its ruling, the
Supreme Court noted: "Congress
cannot pass a law for the government of the Territories which shall prohibit
the free exercise of religion. The first amendment to the Constitution
expressly forbids such legislation. Religious freedom is guaranteed everywhere
throughout the United States, so far as congressional interference is
concerned. The question to be determined is, whether the law now under
consideration comes within this prohibition." (Supreme Court, Reynolds v
US, 1878)
The Court ruled
that, although people have the right to hold whatever religious opinions they
like, they do not have the right to act upon them if such actions have been
banned in the interests of public order or safety. "Laws are made for the government of actions, and while they
cannot interfere with mere religious belief and opinions, they may with
practices. Suppose one believed that human sacrifices were a necessary part of
religious worship, would it be seriously contended that the civil government
under which he lived could not interfere to prevent a sacrifice? Or if a wife
religiously believed it was her duty to burn herself upon the funeral pile of
her dead husband, would it be beyond the power of the civil government to
prevent her carrying her belief into practice? So here, as a law of the organization of society under the exclusive dominion
of the United States, it is provided that plural marriages shall not be
allowed. Can a man excuse his practices to the contrary because of his
religious belief? To permit this would be to make the professed doctrines of
religious belief superior to the law of the land, and in effect to permit every
citizen to become a law unto himself. Government could exist only in name under
such circumstances." (Supreme
Court, Reynolds v US, 1878)
The real basis for
most of 20th century law concerning church/state issues was set by the Supreme
Court in 1947, in the Everson v Board of Education ruling.
In this case, a state law in New Jersey
allowed state funds to be used to reimburse parents of children who had to use
public transportation in order to get to school. Since a number of parents who sent their children to parochial
Catholic schools were also reimbursed under this plan, a resident of New Jersey
filed suit, arguing that this practice was an unconstitutional support for
religion.
In its decision,
the Court spelled out what has become the legal basis for every
"establishment clause" case since:
"The
'establishment of religion' clause of the First Amendment means at least this:
Neither a state nor the Federal Government can set up a church. Neither can
pass laws which aid one religion, aid all religions, or prefer one religion
over another. Neither can force nor influence a person to go to or to remain
away from church against his will or force him to profess a belief or disbelief
in any religion. No person can be punished for entertaining or professing
religious beliefs or disbeliefs, for church attendance or non-attendance. No
tax in any amount, large or small, can be levied to support any religious
activities or institutions, whatever they may be called, or whatever form they
may adopt to teach or practice religion. Neither a state nor the Federal
Government can, openly or secretly, participate in the affairs of any religious
organizations or groups and vice versa. . . . New Jersey cannot consistently
with the "establishment of religion" clause of the First Amendment
contribute tax-raised funds to the support of an institution which teaches the
tenets and faith of any church. On the other hand, other language of the
amendment commands that New Jersey cannot hamper its citizens in the free
exercise of their own religion. Consequently, it cannot exclude individual
Catholics, Lutherans, Mohammedans, Baptists, Jews, Methodists, Non-believers,
Presbyterians, or the members of any other faith, because of their faith, or
lack of it, from receiving the benefits of public welfare
legislation." (Supreme Court,
Everson v Board of Ed, 1947, emphasis in original)
Oddly enough, the
Court then decided, by a 5-4 vote, that
the state of New Jersey had not violated this principle by using state funds to
transport parochial students to their schools -- it was simply providing public
transportation for all. The
"establishment clause" test spelled out by Justice Hugo Black in the
majority opinion, however, remains as the basis for all subsequent church/state
decisions. Specifically, the Everson
ruling was the basis for one of the most divisive Supreme Court cases of the
20th century, one resulting in the rise to political prominence of the
Christian fundamentalist movement -- the 1962 Engel v Vitale school
prayer case.
The New York Board
of Regents had issued a "Statement on Moral and Spiritual Training",
which recommended daily prayers at the beginning of the school day. In response, a school district in New Hyde
Park, New York, instructed its teachers to lead their students in reciting,
"Almighty God, we acknowledge our dependence upon Thee, and we beg Thy
blessings upon us, our parents, our teachers and our Country" each
morning.
In its 6-1 ruling,
the Supreme Court flatly concluded that state-sponsored or endorsed prayer was
unconstitutional and violated the Establishment Clause. "We think that by using its public
school system to encourage recitation of the Regents' prayer, the State of New
York has adopted a practice wholly inconsistent with the Establishment Clause.
There can, of course, be no doubt that New York's program of daily classroom
invocation of God's blessings as prescribed in the Regents' prayer is a
religious activity. It is a solemn avowal of divine faith and supplication for
the blessings of the Almighty." (Supreme Court, Engel v Vitale, 1961)
The Court concluded
by saying:
"It
has been argued that to apply the Constitution in such a way as to prohibit
state laws respecting an establishment of religious services in public schools
is to indicate a hostility toward religion or toward prayer. Nothing, of
course, could be more wrong. . . . It
is neither sacrilegious nor antireligious to say that each separate government
in this country should stay out of the business of writing or sanctioning
official prayers and leave that purely religious function to the people
themselves and to those the people choose to look to for religious
guidance." (Supreme Court, Engel v
Vitale, 1961)
The Engel ruling
was expanded upon in the Abington School District v Schempp case two
years later. The Abington case was
actually a consolidation of two different cases which dealt with the same
question --- Bible readings in public schools. The Pennsylvania Abington case involved a requirement to read ten Bible
verses daily at the beginning of the school day; the Murray v Curlett case
involved a Maryland school requiring a passage from the Bible or the Lord's
Prayer daily.
In its ruling, the
Court cited the Establishment Clause principle laid out in the Engel case, and
concluded "In light of the history of the First Amendment and of our cases
interpreting and applying its requirements, we hold that the practices at issue
and the laws requiring them are unconstitutional under the Establishment
Clause, as applied to the States through the Fourteenth Amendment."
(Supreme Court, Abington v Schempp, 1963) The Court then went on to specify the "secular purpose" and
"primary effect" tests to be used in Establishment Clause cases:
"The test may be stated as follows: what are the purpose and the primary
effect of the enactment? If either is the advancement or inhibition of religion
then the enactment exceeds the scope of legislative power as circumscribed by
the Constitution. That is to say that to withstand the strictures of the
Establishment Clause there must be a secular legislative purpose and a primary
effect that neither advances nor inhibits religion." (Supreme Court,
Abington v Schempp, 1963)
The
"purpose" and "effect" tests laid out in Abington v
Schempp were expanded upon in the 1971 Lemon v Kurtzman case, in a
ruling which has served ever since as the principle guideline for Establishment
Clause cases. The Lemon case was
a consolidation of three different cases, all of which involved state funds
being used to supplement teacher salaries in non-public parochial schools. The Court, in ruling that these actions were
unconstitutional, set out what has since been known as the Lemon Test, a
three-pronged approach to be used in determining whether or not a law violates
the Establishment Clause. As spelled
out in the opinion, written by Chief Justice Burger, "First, the statute
must have a secular legislative purpose; second, its principal or primary
effect must be one that neither advances nor inhibits religion; finally, the
statute must not foster "an excessive government entanglement with
religion." (Supreme Court, Lemon v Kurtzman, 1971) If any of these three prongs is violated,
the law is unconstitutional.
In a concurring
opinion in the 1984 Lynch v Donnelly case, Justice Sandra Day O'Connor
reduced the "purpose" and "effect" prongs of the Lemon Test
to the single idea of "Endorsement": "The proper inquiry under the purpose prong of Lemon, I submit, is
whether the government intends to convey a message of endorsement or
disapproval of religion. . . What is
crucial is that the government practice not have the effect of communicating a
message of government endorsement or disapproval of religion.." (Supreme
Court, Lynch v Donnelly, 1984)
In recent years,
the Lemon Test has come under fire, mostly from conservative-leaning
scholars. Justice Antonin Scalia has
been one of the fiercest critics, for instance writing, in a dissenting opinion
in the June 2005 McCreary County v ACLU case, "Nothing stands
behind the Court's assertion that governmental affirmation of the society's
belief in God is unconstitutional except the Court's own say-so, citing as
support only the unsubstantiated say-so of earlier Courts going back no farther
than the mid-20th century. And it is, moreover, a thoroughly discredited
say-so. It is discredited, to begin with, because a majority of the Justices on
the current Court (including at least one Member of today's majority) have, in
separate opinions, repudiated the brain-spun "Lemon test" that embodies the
supposed principle of neutrality between religion and irreligion."
(Supreme Court, McCreary County v ACLU, 2005)
Criticism of the
Lemon Test has been particularly vocal from the fundamentalist Christian wing
and its political supporters, who, in addition to advocating the elimination of
the Lemon test, have also argued that the First Amendment does not really
require that the government be neutral in matters of religion --- only that it
cannot advocate preference for one view over another. As a critic from the religious magazine First Things says,
"A good beginning would be to recognize that the First Amendment does not,
and never did, require strict neutrality as between religion and non-religion
for purposes of the Establishment Clause. Requiring the state to be neutral as
between sects is both constitutionally necessary and morally desirable.
Requiring it to be neutral as between religion and non-religion generally
produces a decidedly unneutral result—the triumph of practical atheism in the
public square." (Michael M Uhlmann, First Things, Oct 2005) This assertion is the source of the
ID/creationist penchant for labeling evolution and science as
"religion" or "materialist philosophy" or "secular
humanism".
Fundamentalist
Efforts to Undermine Church/State Separation
One of the primary
goals of the fundamentalist movement in the US has been to go far beyond merely
modifying the legal tests which are used to adjudicate the boundary between
church and state -- they openly declare that they want to dismantle that wall
completely. And in support of that
goal, they have attempted to re-write history by declaring that the
Constitution was intended by the Founding Fathers to set up a "Christian
Nation", and that it was only after the secular humanists and atheists
seized control of the Supreme Court that the concept of "separation of
church and state" was allowed to interfere with the original wishes of the
Framers.
That this argument
is contrary to historical fact has not prevented the fundamentalists from
endlessly repeating it. According to
the fundamentalists, the principle of separation of church and state is illegal
and communistic. Pat Robertson declared: "We often hear of the
constitutionally-mandated 'separation of church and state'. Of course, as you
know, that phrase appears nowhere in the Constitution or the Bill of Rights. .
. We do find this phrase in the constitution of another nation, however: 'The
state shall be separate from the church, and the church from the school.' These
words are not in the constitution of the United States, but that of the Union
of Soviet Socialist Republics -- an atheistic nation sworn to the destruction of
the United States of America." (Testimony before Senate Judiciary
Committee, Aug 18, 1982, cited in Boston, 1996, p. 70) Robertson also said: "They have kept us
in submission because they have talked about separation of church and state.
There is no such thing in the constitution. It is a lie of the left, and we're
not going to take it anymore." (cited in Boston, 1996, p. 71)
The Christian
Roundtable, an umbrella group of Religious Right figures, flatly stated,
"The Constitution was designed to perpetuate a Christian order."
(cited in Vetter 1982, p. 5) "It is time," declares the Moral
Majority Report, "to reject the godless, communistic definition of
separation of church and state that says there is no place for Biblical moral
law in public policy." (cited in Hill and Owen 1982, p. 45) The Colorado
chapter of the Christian Coalition echoed: "There should be absolutely no
'separation of church and state' in America. (cited in Boston, 1996, p. 76)
In 1995, a
resolution was introduced that would add a statement to the Texas Republican
Party's platform, "The Republican Party is not a church . . . A Republican should never be put in the
position of having to defend or explain his faith in order to participate in the
party process" (cited in Kramnick and Moore, 1996, p 19) The resolution was defeated. Indeed, by 2002, the Texas Republican Party
Platform declared instead: "Our
Party pledges to do everything within its power to dispel the myth of
separation of church and state." At a Christian Coalition rally, Alabama Chief Justice Roy Moore referred
to the separation of church and state as "a fable" that "has so
warped our society it's unbelievable." Sen. James Inhofe called
church/state separation "the phoniest argument there is." Televangelist Joyce Meyer referred to
church/state separation as "really a deception from "Satan",
while in 2001, Tom DeLay, former House
Majority leader, called for "standing up and rebuking this notion of
separation of church and state that has been imposed upon us over the last 40
or 50 years . . . You see, I don't believe there is a separation of church and
state." (http://www.theocracywatch.org/separation_church_state2.htm)
The modern
fundamentalists have always openly declared that they intended to create a
"Christian government" that will make America "godly"
again. Jerry Falwell pontificates, "I have a Divine Mandate to go into the
halls of Congress and fight for laws that will save America." (cited in
Vetter 1982, p. 119) Falwell made his
idea of the role of government very clear: "A politician, as a minister of
God, is a revenger to execute wrath upon those who do evil . . . The role of
government is to minister justice and to protect the rights of its citizens by
being a terror to evildoers within and without the nation." (cited in
Conway and Siegelman, 1984, p. 89)
The most militant
of the Ayatollah-wanna-be's are the members of the
"Reconstructionist" movement. The Reconstructionists were founded by
Rousas John Rushdoony, a militant fundamentalist. According to Rushdoony's
view, the United States should be directly transformed into a theocracy in
which the fundamentalists would rule directly according to the will of God.
"There can be no separation of Church and State," Rushdoony declares.
(cited in Marty and Appleby 1991, p. 51) "Christians," a
Reconstructionist pamphlet declares, "are called upon by God to exercise
dominion." (cited in Marty and Appleby 1991, p. 50) The Reconstructionists propose doing away
with the US Constitution and laws, and instead ruling directly according to the
laws of God as set out in the Bible---they advocate a return to judicial
punishment for religious crimes such as blasphemy or violating the Sabbath, as
well as a return to such Biblically-approved punishments as stoning.
In effect, the Reconstructionists are the
"Christian" equivalent of the Taliban.
Rushdooney was a guest on Pat Robertson's 700
Club several times. ICR has had
close ties with Reconstructionists. Rushdoony was one of the financial backers
for Henry Morris's first book, The Genesis Flood, and Morris's son John
was a co-signer of several documents produced by the Coalition On Revival, a
Reconstructionist coalition founded in 1984. ICR star debater Duane Gish was a
member of COR's Steering Committee, as was Richard Bliss, who served as ICR's
"curriculum director" until his death. Gish and Bliss were both
co-signers of the COR documents "A Manifesto for the Christian
Church" (COR, July 1986), and the "Forty-Two Articles of the
Essentials of a Christian Worldview" (COR,1989), which declares, "We
affirm that the laws of man must be based upon the laws of God. We deny that
the laws of man have any inherent authority of their own or that their ultimate
authority is rightly derived from or created by man." ("Forty-Two
Essentials, 1989, p. 8).
The Discovery
Institute, the chief proponent of "intelligent design theory", is
particularly cozy with the Reconstructionists. The single biggest source of
money for the Discovery Institute is Howard Ahmanson, a California savings-and-loan
bigwig. Ahmanson's gift of $1.5 million was the original seed money to organize
the Center for the Renewal of Science and Culture, the arm of the Discovery
Institute which focuses on promoting "intelligent design theory".
Ahmanson is a Christian Reconstructionist
who was long associated with Rushdooney, and sat with him on the board of
directors of the Chalcedon Foundation -- a major Reconstructionist think-tank
-- for over 20 years In 1995, Ahmanson resigned from Chalcedon, and now sits on
the Board of Directors of Discovery Institute.
Ahmanson prefers to
work behind the scenes, and does his best to avoid publicity and
attention. By 2002, though, his
extremist views were becoming more widely known in political circles, and some
politicians began returning campaign contributions from him. In October 2002,
the Republican candidate for Governer in Hawaii, Linda Lingle, returned a
$3,000 campaign contribution from Ahmanson's Fieldstead Foundation after she
learned who he was and what his views were.
The incident set
off alarm bells for Ahmanson -- as his wife Roberta pointed out, "When a
politician sends money back, it's
serious". (Orange County Register,
August 8, 2004) Ahmanson has therefore
tried to backpeddle from his extremist views, and present a kinder, gentler
image of himself. With his wife as his
spokesperson (Ahmanson suffers from Tourrette's syndrome and avoids public
speaking), he went on a media blitz to declare that he's not as nutty as he used
to be in his Chalcedon Foundation days. But Ahmanson just could not bring himself to repudiate his
Reconstructionist views on such things as stoning sinners:
"I think what upsets people is that
Rushdoony seemed to think -- and I'm not sure about this - that a godly society
would stone people for the same thing that people in ancient Israel were
stoned. I no longer consider that
essential. It would still be a little
hard to say that if one stumbled on a country that was doing that, that it is
inherently immoral, to stone people for these things." (Ahmanson, quoted in Orange County Register,
August 10, 2004)
Among the most
prominent Reconstructionist political activists are Randall Terry (founder of
Operation Rescue), Gary North (head of the Institute for Christian Economics), David
Chilton (the late author of Paradise Restored), David Barton (founder of
Wallbuilders), Gary DeMar (founder of American Vision), and Larry Pratt
(founder of Gun Owners of America). Tim
LaHaye, author of the Left Behind series of books, has prominent ties to
the Reconstructionists, and while he has always been coy about his own
sympathies for them, he is considered by most right-wing watchers as a key part
of the movement. His wife, Beverley
LaHaye, is the head of Concerned Women for America.
While most
fundamentalist Christian political figures disavow the radically extremist
excesses of the Reconstructionists, most of them nevertheless accept the broad outlines of Reconstructionist
ideas that the US is, or should be, a Christian Nation, and that national
policies and laws should be based on the fundamentalist version of Biblical
Christianity. Although the extremist Reconstructionists and the less radical
fundamentalists start from different assumptions, the end result is the same.
But the Reconstructionists
are not the only political extremists who find a level of support among
fundamentalists and creationists. In the wake of the Oklahoma City bombing in
April 1995, Americans learned of a shadowy network of far-right
"patriot" groups at the very fringe of extremist politics, who
considered themselves to be at war with the United States government.
The "patriot" movement was a loose
collection of anti-government activists, including tax protestors, conspiracy
theorists, anti-gun-control extremists, radical anti-environmentalists,
militias, and a smattering of neo-Nazis and other ultra-right political
groups. Much of the movement fell under
the label of "Christian Patriots", who believed that the United
States had become a godless oppressor, and therefore God wanted the movement to
defend themselves from this godless government and ultimately to bring about
its downfall, therefore making the US godly again. The more extremist "patriots" armed themselves to form
"militias". Some, but not
all, of the Christian Patriots followed a particularly virulent form of
fundamentalist religion called "Christian Identity", which argued
that white people were the true "Chosen People" of the Bible, and
that Jews, along with all of the nonwhite races, were descended from the
Devil. The various neo-Nazi, Klan, and
other anti-Semite and racists who embraced Christian Identity referred to the
federal government as "ZOG", or "Zionist Occupation
Government".
Many of the people
in the 1990's Christian Patriot movement were motivated by apocalyptic
fundamentalist Christian notions that the end of the world was near and that
the return of Jesus was imminent. The
best-known example was a group of religious extremists called the Branch
Davidians in Waco, Texas, led by David Koresh, who stockpiled weapons and
waited for Armageddon. Most of Koresh's
followers were killed in a confrontation with the Federal government in
1993. The Federal building in Oklahoma
City was bombed exactly two years later to the day, by militia-movement
supporters Timothy McVeigh and Terry Nichols, in retaliation for the Waco
raid.
Several prominent
Reconstructionists have had close ties to the right-wing
"patriots". Gun Owners of
America, a radical pro-gun group (which criticizes the NRA for being too tame)
is run by Reconstructionist Larry Pratt, while the US Taxpayers Party, a
patriot-type tax protestors organization, was founded by Reconstructionist
Howard Phillips. The patriot/militia
movement also generated some sympathy from several prominent fundamentalist
Christians, who shared the theocratic aims of the Christian Patriots. Pat
Robertson invited a guest from the Militia of Montana to serve as an
"expert" for a story on the BATF and FBI that ran on The 700 Club after
the Oklahoma City bombing. "A lot of it goes right back to what happened
with the Branch Davidians, Randy Weaver and these other people," Robertson
said. "It's reminiscient of the Nazis, and something's got to be
done". (700 Club, July 11, 1995, cited in Boston, 1996, p. 141) In his
book The New World Order, Robertson manages to parrot virtually every
one of the canards tossed around by the paranoid far-right wing of the
patriot/militia movement. According to Robertson, a secret cabal of
"international bankers and financiers", along with the Illuminati,
the Trilateral Commission and various other groups, is trying to destroy
Christianity, take over the world and impose a satanic "one world
government". Among other things, says Robertson, these conspirators killed
Lincoln, started the First World War, have taken over the world monetary
system, and are using the education system to destroy morality so the US can be
taken over by UN troops.
Another evangelist
with ties to right-wing Christian Patriot and militia movements was Jack van
Impe. On several occasions, van Impe presented "news stories" about
foreign troops in the US which are training to take over the country at the
behest of the UN -- a standard tale of the far right. He further stated that
the armed militias were one way to counter the evils of the "one world
government". Van Impe's sources for his "news stories" included The
Spotlight, the publication of the anti-Semitic and racist Liberty Lobby,
and the Patriot Report.
Finally, there was
Chuck Missler, founder of Koinonia House in Idaho and a minister with the
Cavalry Chapels in california. Missler published the newsletter "Personal
Update", which used at its sources The Spotlight and the American
Patriot Fax Network, run by various far-right groups. Among other things,
Missler suggested that the Federal government itself blew up the Alfred Murrah
Building in Oklahoma City in an attempt to blame the bombing on the militia
movement and discredit it.
A number of
creationists also parroted a lot of standard militia and "Christian
Patriot" conspiracy theories. In a "Back to Genesis" article
that discusses the Pope's 1996 announcement concerning evolution, ICR's Henry
Morris presents a picture that could could have come from any of a number of
far-right loons and militia types. After noting that the Pope had announced
that it's not ungodly to believe the theory of evolution, Morris makes the
curious statement: "One cannot help suspecting that the recent spate of
events and media articles 'puffing' evolution is being orchestrated somewhere
to combat the modern resurgance of creationism around the world." (ICR,
Back to Genesis, "Evolution and the Pope", December 1996, p. 1)
Veteran right-wing
watchers will immediately recognize this schtick -- the "worldwide
conspiracy to destroy god, mother and country". The Pope's pronouncement
comes as no surprise to Morris, since after all, he< points out, Teilhard de Chardin, a Catholic priest, was an early
supporter of evolutionary theory. "Evolution was, to all intents and
purposes," says Morris, "Teilhard's 'god', and his goal was
globalism, a unified world government, culture and religion, with all religions
merged into one." (Back to Genesis, December 1996)
And who is behind
this "globalist conspiracy"? Morris declares: "There are more and
more signs that such globalism is also the aim of Pope John Paul II and other
modern liberal Catholics. If so, this publicized commitment to evolutionism
would contribute substantially to such a goal. All world religions -- including
most of mainline Protestantism, as well as Hinduism, Buddhism and the
rest -- except for Biblical Christianity, Orthodox Judaism and Fundamentalist
Islam, have embraced some form of evolutionism (either theistic, deistic or
pantheistic) and rejected or allegorized the true record of origins in Genesis.
The Pope has participated in important meetings with leaders of Communism, Zen
Buddhism, Hinduism, Taoism, Lamaism and others, as well as the World Council of
Churches, the Trilateral Commission, the B'nai B'rith of liberal Judaism, and a
wide assortment of still others." (Back to Genesis, Decembe |