Here in Beautiful North Ogden Utah a mini controversy is brewing over a public Nativity Scene on display between the County Library North Ogden Police Department, and in front of the City Offices. Some of our local citizens have raised questions about the propriety of this being done on City Property. I believe they are stating the separation of church and state clause of our constitution as the reason for their concern, While not claiming to be a legal or constitutional scholar may I add my two cents worth on this issue. Contrary to popular belief, the phrase separation of church and state is not in the U.S. Constitution. In fact, not one of the ninety Founding Fathers stated, argued for or against, or even referred to such a phrase when they debated for months about the specific words to use when writing the First Amendment. Congressional Records from June 7 to September 25, 1789 reveal that none of these men, including Thomas Jefferson, ever used the phrase, separation of church and state. One advocacy group claims, Courts have said that church-state separation IS found in the U.S. Constitution, and what the Declaration of Independence says or doesnt say is irrelevant to legal discussions because its not a governance document. I believe two of the three parts of this claim are false. The phrase, separation of church and state is not written in either the First or the Fourteenth Amendment. Rather, these Amendments explicitly state that the U.S. Constitution prohibits the federal and state governments from nationalizing any religion, from creating a national church, and from favoring one religion over another. Two clauses comprise the Religious Clause of the First Amendment: • The Establishment Clause: Congress shall make no law respecting an establishment of religion. . . . and, • The Free Exercise Clause: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… The U.S. Supreme Court first cited the phrase, wall of separation between church and state, in 1947 (Everson v. Board of Educ. of Ewing, 330 U.S. 1, 15-16) from a well-known concept expressed by Thomas Jefferson in a letter to the Danbury Baptist Association. While the Supreme Court did rule that a wall of separation between church and state exists, they did so based upon seven words from one personal letter rather than from the Constitution. As a result, the Supreme Court created an erroneous precedent, ruling that law could be created from a personal letter instead of the Constitution. In 1802, Thomas Jefferson and the Baptists were anti-Federalists who supported states rights and a limited centralized government. Thomas Jefferson and James Madison were instrumental in the passage of Virginias Declaration of Rights in 1776 and the Virginia Statute for Religious Freedom in 1786. And both influenced the framing and ratification of the first ten amendments, The Bill of Rights, in 1791. The impetus for the Establishment Clause, was partly due to the Virginia Statutes, which de-established the Church of England in Virginia, guaranteed freedom of religion to people of all faiths, and spurred other states to reverse laws that had implemented religious requirements. North Ogden City Mayor Brent Taylor and members of the City Council it is my opinion and belief (for what it is worth as a citizen of this City) that nothing has been done incorrectly in placing this Nativity on City Property. In fact I thank you for helping us remember that Christmas really should be about celebrating the birth of our Savior.
Posted on: Wed, 10 Dec 2014 05:12:27 +0000
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