Countries have varying degrees of separation between government and religious institutions. Since the 1780s a number of countries have set up explicit barriers between church and state. The degree of actual separation between government and religion or religious institutions varies widely. In some countries the two institutions remain heavily interconnected. There are new conflicts in the post-Communist world. The many variations on separation can be seen in some countries with high degrees of religious freedom and tolerance combined with strongly secular political cultures which have still maintained state churches or financial ties with certain religious organizations into the 21st century. In England, there is a constitutionally established
state religion but
other faiths are tolerated. The
British monarch is the
supreme governor of the Church of England, and 26 bishops (
Lords Spiritual) sit in the upper house of government, the
House of Lords. In other kingdoms the
head of government or
head of state or other high-ranking official figures may be legally required to be a member of a given faith. Powers to appoint high-ranking members of the state churches are also often still vested in the worldly governments. These powers may be slightly anachronistic or superficial, however, and disguise the true level of religious freedom the nation possesses. In the case of Andorra there are two heads of state, neither of them native Andorrans. One is the Roman Catholic Bishop of Seu de Urgell, a town located in northern Spain. He has the title of Episcopalian Coprince (the other Coprince being the French Head of State). Coprinces enjoy political power in terms of law ratification and constitutional court designation, among others.
Australia , proponent of Section 116 in the Australian pre-Federation constitutional conventions|alt=A black and white portrait of
H. B. Higgins The
Constitution of Australia prevents the Commonwealth from establishing any religion or requiring a religious test for any office: The language is derived from the United States' constitution, but has been altered. Following the usual practice of the
High Court, it has been interpreted far more narrowly than the equivalent US sections and no law has ever been struck down for contravening the section. Today, the Commonwealth Government provides broad-based funding to religious schools. The Commonwealth used to fund religious chaplains, but the High Court in
Williams v Commonwealth found the funding agreement invalid under Section 61. However, the High Court found that Section 116 had no relevance, as the chaplains themselves did not hold office under the Commonwealth. All Australian parliaments are opened with a Christian prayer, and the preamble to the Australian Constitution refers to "humbly relying on the blessing of Almighty God". Although the Australian monarch is
Charles III, also British monarch and Supreme Governor of the
Church of England, his Australian title is unrelated to his religious office and he has no special role in the
Anglican Church of Australia, despite being "by the Grace of God King of Australia". The prohibition against religious tests has allowed former Anglican Archbishop of Brisbane
Peter Hollingworth to be appointed
Governor-General of Australia, the highest domestic constitutional officer; however, this was criticised. Despite inclusion in the "States" chapter, Section 116 does not apply to states because of changes during drafting, and they are free to establish their own religions. Although no state has ever introduced a state church (
New South Wales restricted religious groups during the early colonial period), the legal body corresponding to many religious organisations is established by state legislation. There have been two referendums to extend Section 116 to states, but both failed. In each case the changes were grouped with other changes and voters did not have the opportunity to expressly accept only one change. Most states permit broad exemptions to religious groups from anti-discrimination legislation; for example, the New South Wales act allowing same-sex couples to adopt children permits religious adoption agencies to refuse them. The current situation, described as a "principle of state neutrality" rather than "separation of church and state", or even a "pluralistic theocracy" as the government cannot be neutral towards the religion of people who do not have one. On the other hand, religious groups and others have been concerned that state governments are restricting them from exercising their religion by
preventing them from criticising other groups and forcing them to do unconscionable acts.
Azerbaijan Islam is the dominant religion in Azerbaijan, with 96% of Azerbaijanis being
Muslim, Shia being in the majority. However, Azerbaijan is officially a secular state. According to the Constitution of Azerbaijan, the state and mosque are separate. Article 7 of the Constitution defines the Azerbaijani state as a democratic, legal, secular, unitary republic. Therefore, the Constitution provides freedom of religions and beliefs. The Azerbaijani State Committee for Work with Religious Organizations controls the relations between the state and religions. Ethnic minorities such as
Russians,
Georgians,
Jews,
Lezgis,
Avars,
Udis and
Kurds with different religious beliefs to Islam all live in
Azerbaijan. Several religions are practiced in Azerbaijan. There are many Orthodox and Catholic churches in different regions of Azerbaijan. At the same time, the Azerbaijani government has been frequently accused of desecrating Armenian Christian heritage and appropriating Armenian churches on its territory.
Brazil had a large influence upon the text adopted as the 1891 Constitution of Brazil. Brazil was a
colony of the
Portuguese Empire from 1500 until the nation's
independence from Portugal, in 1822, during which time
Roman Catholicism was the official state religion. With the rise of the
Empire of Brazil, although Catholicism retained its status as the official creed, subsidized by the state, other religions were allowed to flourish, as the
1824 Constitution secured
religious freedom. The fall of the Empire, in 1889, gave way to a Republican regime, and a Constitution was enacted in 1891, which severed the ties between church and state; Republican ideologues such as
Benjamin Constant and
Ruy Barbosa were influenced by
laïcité in France and the United States. The 1891 Constitutional separation of Church and State has been maintained ever since. The current
Constitution of Brazil, in force since 1988, ensures the right to religious freedom, bans the establishment of state churches and any relationship of "dependence or alliance" of officials with religious leaders, except for "collaboration in the public interest, defined by law". In 2007,
Brasil para Todos was formed with the aim of removing religious symbols from government buildings with separation of church and state in mind.
Canada Quebec China China, during the era of the
Han dynasty, had established
Confucianism as the official state ideology over that of
Legalism of the preceding
Qin dynasty over two millennium ago. In post-1949 modern-day China, owing to such historic experiences as the
Taiping Rebellion, the
Chinese Communist Party had no diplomatic relations with the
Vatican for over half a century, and maintained separation of the
temples (be it a
daoguan, a
Buddhist temple, a
church or a
mosque) from state affairs, and although the Chinese government's methods are disputed by the Vatican,
Pope Benedict XVI had accepted the ordination of a bishop who was pre-selected by the government for the
Chinese Patriotic Catholic Association in 2007. However, a new ordination of a Catholic bishop in November 2010, according to
BBC News, has threatened to "damage ties" between China and the Vatican. The
Constitution of the People's Republic of China guarantees, in its article 36, that:
Hong Kong Macau Croatia and is used on the occasion of the
presidential inauguration Freedom of religion in
Croatia is a right defined by the
Constitution, which also defines all religious communities as equal in front of the law and separated from the state. Principle of separation of church and state is enshrined in Article 41 which states: All religious communities shall be equal before the law and clearly separated from the state. Religious communities shall be free, in compliance with law, to publicly conduct religious services, open schools, academies or other institutions, and welfare and charitable organizations and to manage them, and they shall enjoy the protection and assistance of the state in their activities. Public schools allow religious teaching () in cooperation with religious communities having agreements with the state, but attendance is not mandated. Religion classes are organized widely in public elementary and secondary schools. The public holidays also include religious festivals of:
Epiphany,
Easter Monday,
Corpus Christi Day,
Assumption Day,
All Saints' Day,
Christmas, and
Boxing Day. The primary holidays are based on the Catholic liturgical year, but other believers are allowed to celebrate other major religious holidays as well. The
Roman Catholic Church in Croatia receives state financial support and other benefits established in
concordats between the Government and the Vatican. In an effort to further define their rights and privileges within a legal framework, the government has additional agreements with other 14 religious communities:
Serbian Orthodox Church (SPC),
Islamic Community of Croatia,
Evangelical Church,
Reformed Christian Calvinist Church in Croatia,
Protestant Reformed Christian Church in Croatia,
Pentecostal Church,
Union of Pentecostal Churches of Christ,
Christian Adventist Church,
Union of Baptist Churches,
Church of God,
Church of Christ,
Reformed Movement of Seventh-day Adventists,
Bulgarian Orthodox Church,
Macedonian Orthodox Church and Croatian
Old Catholic Church.
Finland The
Constitution of Finland declares that the organization and administration of the
Evangelical Lutheran Church of Finland is regulated in the Church Act, and the organization and administration of the
Finnish Orthodox Church in the Orthodox Church Act. The Lutheran Church and the Orthodox Church thus have a special status in Finnish legislation compared to other religious bodies, and are variously referred to as either "national churches" or "state churches", although officially they do not hold such positions. The Lutheran Church does not consider itself a state church, and prefers to use the term "national church". The Finnish Freethinkers Association has criticized the official endorsement of the two churches by the Finnish state, and has campaigned for the separation of church and state.
France between France and the Holy See, 15 July 1801, which was repealed by the 1905 French law on the Separation of Church and State of a church in
Aups, Var département, which was installed after the 1905 law on the Separation of the State and the Church. Such inscriptions on a church are very rare; this one was restored during the 1989 bicentennial of the
French Revolution. The French version of separation of church and state, called
laïcité, is a product of French history and philosophy. It was formalized in a
1905 law providing for the separation of church and state, that is, the separation of religion from political power. This model of a secularist state protects the religious institutions from state interference, but with public religious expression to some extent frowned upon. This aims to protect the public power from the influences of religious institutions, especially in public office. Religious views which contain no idea of public responsibility, or which consider religious opinion irrelevant to politics, are not impinged upon by this type of secularization of public discourse. Former President
Nicolas Sarkozy criticised "negative " and talked about a "positive " that recognizes the contribution of faith to French culture, history and society, allows for faith in the public discourse and for government subsidies for faith-based groups. He visited the
Pope in December 2007 and publicly emphasized France's
Catholic roots, while highlighting the importance of
freedom of thought, advocating that
faith should come back into the
public sphere.
François Hollande took a very different position during the
2012 presidential election, promising to insert the concept of into the constitution. In fact, the French constitution only says that the French Republic is "" but no article in the 1905 law or in the constitution defines . Nevertheless, there are certain entanglements in France which include: • The most significant example consists in two areas,
Alsace and
Moselle (see for further detail), where the 1802
Concordat between France and the Holy See still prevails because the area was part of Germany when the
1905 French law on the Separation of the Churches and the State was passed and the attempt of the laicist
Cartel des gauches in 1924 failed due to public protests. Catholic priests as well as the clergy of three other religions (the Lutheran
EPCAAL, the Calvinist
EPRAL, and Jewish
consistories) are paid by the state, and schools have religion courses. Moreover, the
Catholic bishops of Metz and
of Strasbourg are named (or rather, formally appointed) by the French Head of State on proposition of the Pope. In the same way, the presidents of the two official Protestant churches are appointed by the State, after proposition by their respective Churches. This makes the French President the only temporal power in the world to formally have retained the right to appoint Catholic bishops, all other Catholic bishops being appointed by the Pope. • In French Guiana the Royal Regulation of 1828 makes the French state pay for the Roman Catholic clergy, but not for the clergy of other religions. • In the French oversea departments and territories since the 1939 décret Mandel the French State supports the Churches. • The French President is
ex officio a
co-prince of Andorra, where Roman Catholicism has a status of state religion (the other co-prince being the
Roman Catholic Bishop of Seu de Urgell, Spain). Moreover, French heads of states are traditionally offered an honorary title of
Canon of the
Papal Archbasilica of St. John Lateran, Cathedral of Rome. Once this honour has been awarded to a newly elected president, France pays for a
choir vicar, a priest who occupies the seat in the canonical chapter of the Cathedral in lieu of the president (all French presidents have been male and at least formally Roman Catholic, but if one were not, this honour could most probably not be awarded to him or her). The French President also holds a seat in a few other canonical chapters in France. • Another example of the complex ties between France and the Catholic Church consists in the : five churches in Rome (
Trinità dei Monti, St. Louis of the French, St. Ivo of the Bretons, St. Claude of the Free County of Burgundy, and St. Nicholas of the Lorrains) as well as a chapel in
Loreto belong to France, and are administered and paid for by a special foundation linked to the French embassy to the Holy See. • In
Wallis and Futuna, a French overseas territory, national education is conceded to the diocese, which gets paid for it by the State. • A further entanglement consists in liturgical honours accorded to French consular officials under Capitations with the Ottoman Empire which persist for example in Lebanon and in ownership of the Catholic cathedral in Smyrna (Izmir) and the extraterritoriality of St. Anne's in Jerusalem and more generally the diplomatic status of the Holy Places.
Germany in Nuremberg, Germany, June 2016 The
German constitution guarantees
freedom of religion, but there is not a complete separation of church and state in Germany. Officially recognized religious bodies operate as (
corporations of public law, as opposed to private). For recognized religious communities, some taxes () are collected by the state; this is at the request of the religious community and a fee is charged for the service.
Religious instruction is an optional school subject in Germany. so no teacher can be forced to teach religion. But on the other hand, all who do teach religious instruction need an official permission by their religious community. The treaties with the
Holy See are referred to as
concordats whereas the treaties with Protestant Churches and umbrellas of Jewish congregations are called "state treaties". Both are the legal framework for cooperation between the religious bodies and the German State at the federal as well as at the state level.
Greece In Greece, there is considerable controversy about the separation between the State and the Church, causing many debates in the public sphere regarding if there shall be a more radical change in the Article 3, which is maintaining the Greek Orthodox Church of Christ as the prevailing religion of the country. The actual debate concerning the separation of the Church from the State often becomes a tool for polarization in the political competition. More specifically, Article 3 of the Greek constitution argues the following: • "The prevailing religion in Greece is that of the Greek Orthodox Church of Christ. The Orthodox Church of Greece, acknowledging our Lord Jesus Christ as its head, is inseparably united in doctrine with the Great Church of Christ in Constantinople and with every other Church of Christ of the same doctrine, observing unwaveringly, as they do the holy apostolic and synodal canons and sacred traditions. It is autocephalous and is administered by the Holy Synod of serving Bishops and the Permanent Holy Synod originating thereof and assembled as specified by the Statutory Charter of the Church in compliance with the provisions of the Patriarchal Tome of 29 June 1850 and the Synodal Act of 4 September 1928. • The ecclesiastical regime existing in certain districts of the State shall not be deemed contrary to the provisions of the preceding paragraph. • The text of the Holy Scripture shall be maintained unaltered. Official translation of the text into any other form of language, without prior sanction by the Autocephalous Church of Greece and the Great Church of Christ in Constantinople, is prohibited." Moreover, the controversial situation about the no separation between the State and the Church seems to affect the recognition of religious groups in the country as there seems to be no official mechanism for this process.
India The
Constitution of India uses the word "secular" in a unique way, differing from the western concept of separation of the church and the state. The western concept provides for a "vertical" separation in terms of position of the state and the religion in a political setup, where both co-exist. On the other hand, the
Constitution of India defines secularism looking at the social implication of the religious practice. The article 25 of the constitution guarantees freedom of conscience and free profession, practice and propagation of religion subject to public order, morality, health and fundamental rights. The same article empowers the state to regulate secular activities which may be associated with religious practice, thus allowing state interference in the religion. Dr B. R. Ambedkar highlighted the social implication of religion in India in the constituent assembly debates. While defending for the state interference in prohibiting religious instruction in schools, he argued, On the same lines of social implication of the religion the constitution enables the state to open Hindu temples for all classes and sections of society. In
S. R. Bommai vs Union of India (1994), the Supreme Court laid down the principle of "positive secularism" and a "horizontal" separation of secular, material world from a religious, spiritual world. Matters which are purely religious are left personal to the individual and the secular part is taken charge by the state on grounds of public interest, order and general welfare. Positive secularism, therefore, separates the religious faith personal to man and limited to material, temporal aspects of human life. Positive secularism believes in the basic values of freedom, equality and fellowship
Italy In
Italy the principle of separation of church and state is enshrined in Article 7 of the
Constitution, which states: "The State and the Catholic Church are independent and sovereign, each within its own sphere. Their relations are regulated by the Lateran pacts. Amendments to such Pacts which are accepted by both parties shall not require the procedure of constitutional amendments."
Ireland Japan Shinto became the
state religion in Japan with the
Meiji Restoration in 1868, and suppression of other religions ensued. Under the
American military occupation (1945–52) "
State Shinto" was considered to have been used as a propaganda tool to propel the Japanese people to war. The
Shinto Directive issued by the occupation government required that all state support for and involvement in any religious or Shinto institution or doctrine stop, including funding, coverage in textbooks, and official acts and ceremonies. The new constitution adopted in 1947, Articles 20 and 89 of the
Japanese Constitution protect freedom of religion, and prevent the government from compelling religious observances or using public money to benefit religious institutions. Despite this, religious organizations play a major role and make strong influence in politics.
Mexico The issue of the role of the
Catholic Church in Mexico has been highly divisive since the 1820s. Its large land holdings were especially a point of contention. Mexico was guided toward what was proclaimed a separation of church and state by
Benito Juárez who, in 1859, attempted to eliminate the role of the Roman Catholic Church in the nation by appropriating its land and prerogatives. President
Benito Juárez confiscated church property, disbanded religious orders and he also ordered the separation of church and state His
Juárez Law, formulated in 1855, restricting the legal rights of the church was later added to the
Constitution of Mexico in 1857. In 1859 the
Ley Lerdo was issued – purportedly separating church and state, but actually involving state intervention in Church matters by abolishing monastic orders, and nationalizing church property. In 1926, after several years of the
Mexican Revolution and insecurity, President
Plutarco Elías Calles, leader of the ruling
National Revolutionary Party, enacted the
Calles Law, which eradicated all the personal property of the churches, closed churches that were not registered with the State, and prohibited clerics from holding a public office. The law was unpopular; and several protesters from rural areas, fought against federal troops in what became known as the
Cristero War. After the war's end in 1929, President
Emilio Portes Gil upheld a previous truce where the law would remain enacted, but not enforced, in exchange for the hostilities to end.
Norway An act approved in 2016 created the
Church of Norway as an independent legal entity, effective from 1 January 2017. Before 2017 all clergy were civil servants (employees of the central government). On 21 May 2012, the
Norwegian Parliament passed a
constitutional amendment that granted the Church of Norway increased autonomy, and states that "the Church of Norway, an Evangelical-Lutheran church, remains Norway's people's church, and is supported by the State as such" ("people's church" or is also the name of the Danish state church,
Folkekirken), replacing the earlier expression which stated that "the Evangelical-Lutheran religion remains the public religion of the State." The final amendment passed by a vote of 162–3. The three dissenting votes were all from the
Centre Party. The constitution also says that Norway's values are based on its Christian and humanist heritage, and according to the Constitution, the
King is required to be Lutheran. The government will still provide funding for the church as it does with other faith-based institutions, but the responsibility for appointing bishops and provosts will now rest with the church instead of the government. Prior to 1997, the appointments of parish priests and residing chaplains was also the responsibility of the government, but the church was granted the right to hire such clergy directly with the new Church Law of 1997. The Church of Norway is regulated by its own law () and all municipalities are required by law to support the activities of the Church of Norway and municipal authorities are represented in its local bodies.
Philippines In Article II "Declaration of Principles and State Policies", Section 6, the
1987 Constitution of the Philippines declares, "The separation of Church and State shall be inviolable." This reasserts, with minor differences in wording and capitalization, a declaration made in Article XV, Section 15 of the 1973 Constitution. Similarly, Article III, Section 5 declares, "No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights."; echoing Article IV, Section 8 of the 1973 Constitution verbatim.
Romania Romania is a secular state and has no state religion. However, the role of religion in society is regulated by several articles of the Romanian Constitution. Art 29. Freedom of Conscience. (1) Freedom of thought and opinion, as well as freedom of religion, cannot be limited in any way. No one shall be coerced to adopt an opinion or adhere to a religious faith against their will. (5) Religious cults are autonomous in relation to the state, which provides support including the facilitation of religious assistance in the army, hospitals, penitentiaries, retirement homes and orphanages. Art 32. Right to education (7) The state assures freedom of religious education, according to the requirements of each specific cult. In state schools, religious education is organized and guaranteed by law.
Saudi Arabia The legal system of Saudi Arabia is based on
Sharia,
Islamic law derived from the
Quran and the
Sunnah (the traditions) of the
Islamic prophet Muhammad, and therefore no separation of mosque and state is present.
Singapore Singapore is home to people of many religions and does not have any state religion. The
government of Singapore has attempted to avoid giving any specific religions priority over the rest. In 1972 the Singapore government de-registered and banned the activities of Jehovah's Witnesses in Singapore. The Singaporean government claimed that this was justified because members of Jehovah's Witnesses refuse to perform military service (which is obligatory for all male citizens), salute the
flag, or swear oaths of allegiance to the state. Singapore has also banned all written materials published by the
International Bible Students Association and the
Watchtower Bible and Tract Society, both publishing arms of the Jehovah's Witnesses. A person who possesses a prohibited publication can be fined up to $2,000 Singapore dollars and jailed up to 12 months for a first conviction.
Spain In Spain, commentators have posited that the form of church-state separation enacted in France in 1905 and found in the
Spanish Constitution of 1931 are of a "hostile" variety, noting that the hostility of the state toward the church was a cause of the breakdown of democracy and the onset of the
Spanish Civil War. Following the end of the war, the Catholic Church regained an officially sanctioned, predominant position with
General Franco. Religious freedom was guaranteed only
in 1966, nine years before the end of the regime. Since 1978, according to the
Spanish Constitution (section 16.3) "No religion shall have a state character. The public authorities shall take into account the religious beliefs of Spanish society and shall consequently maintain appropriate cooperation relations with the Catholic Church and other confessions."
Sweden The
Church of Sweden was instigated by
King Gustav I (1523–60) and within the half century following his death had become established as a
Lutheran state church with significant power in Swedish society, itself under the control of the state apparatus. A degree of freedom of worship (for foreign residents only) was achieved under the rule of
Gustav III (1771–92), but it was not until the passage of the
Dissenter Acts of 1860 and 1874 that Swedish citizens were allowed to leave the state church – and then only provided that those wishing to do so first registered their adhesion to another, officially approved denomination. Following years of discussions that began in 1995, the Church of Sweden was finally separated from the state as from 1 January 2000. However, the separation was not fully completed. Although the status of state religion came to an end, the Church of Sweden nevertheless remains Sweden's national church, and as such is still regulated by the government through the law of the Church of Sweden. Therefore, it would be more appropriate to refer to a change of relation between state and church rather than a separation. Furthermore, the Swedish constitution still maintains that the Sovereign and the members of the royal family have to confess an evangelical Lutheran faith, which in practice means they need to be members of the Church of Sweden to remain in the line of succession. Thusly according to the ideas of
cuius regio, eius religio one could argue that the symbolic connection between state and church still remains.
Switzerland The articles 8 ("Equality before the law") and 15 ("Freedom of religion and conscience") of the
Federal Constitution of the Swiss Confederation guarantees individual freedom of beliefs. It notably states that "No person may be forced to join or belong to a religious community, to participate in a religious act or to follow religious teachings". In state run Christian schools in England, Wales and Northern Ireland (but not in privately run schools), there is a requirement for a daily act of worship that is "wholly or mainly of a Christian character", although in England, up to 76% of Christian affiliated faith schools do not comply with the law and the requirement is not enforced by
Ofsted. Non-Christian faith schools are exempt (instead having to have their own form of worship) and sixth-form pupils (in England and Wales) and parents of younger pupils can opt out. Official reports have recommended removing the requirement entirely. The High Court of the United Kingdom has ruled in favour of challenges, brought by pupil families supported by the
British Humanist Association, to secondary-level religious studies exam syllabuses that excluded non-religious worldviews. Unlike the UK Government and to some extent the Scottish Government, the
Welsh Government has no religious links, though state-funded religious schools are routinely approved in Wales. The
Church of Ireland was disestablished as early as 1871. Publicly funded Schools in Northern Ireland are either State or Catholic maintained schools. State schools can be classed as: Controlled (by the Education Authority), Voluntary Grammar, Integrated and Special Schools. Irish-Medium Schools are operated by both the State and the Catholic Church. Despite the common notion of 'Protestant' and 'Catholic' Schools among many citizens, all State schools accept all religions without bias, with the exception of Integrated schools which require a set ratio of 40:40:20 Protestant, Catholic and Other (Mixed or non-Christian Religious). An identification with the "Protestant" or "Roman Catholic" community is sought on equal opportunities-monitoring forms regardless of actual personal religious beliefs; as the primary purpose is to monitor cultural discrimination by employers. Atheists should select which community they come from; however, participation is not compulsory. Religious Education is compulsory for all children up to the age of 16, with the four major Church denominational bodies (The Catholic Church, The Presbyterian Church in Ireland, The Church of Ireland and the Methodist Church) agreeing on the content of the syllabus, focussing on Christianity and Secular Ethics. World Religions have to be introduced between the ages of 11 and 14.
United States , drafter of the
Bill of Rights The
First Amendment, which was ratified in 1791, states that "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." However, the phrase "separation of church and state" itself does not appear in the
United States Constitution. The states themselves were free to establish an official religion, and twelve out of the thirteen had official religions. The
First Great Awakening (c. 1730–1755) had increased religious diversity in the Thirteen Colonies, and this combined with the
American Revolution prompted the five southernmost states to disestablish the Church of England between 1776 and 1790. The
Second Great Awakening (starting c. 1790) further increased religious diversity and prompted another round of disestablishments including New Hampshire (1817), Connecticut (1818), and Massachusetts (1833). The Supreme Court did not consider the question of how this applied to the states until 1947; when they did, in
Everson v. Board of Education, the court
incorporated the establishment clause, determining that it applied to the states, while also holding that the state law enabling reimbursement for
busing to all schools (including parochial schools) was constitutional due to the reimbursements being "separate and so indisputably marked off from the religious function". Prior to its incorporation, unsuccessful attempts were made to amend the Constitution to explicitly apply the establishment clause to states in the 1870s and 1890s. The concept was argued to be implicit in the flight of
Roger Williams from religious oppression in the
Massachusetts Bay Colony to found the
Colony of Rhode Island and Providence Plantations on the principle of state neutrality in matters of faith. Williams was motivated by historical abuse of governmental power and believed that government must remove itself from anything that touched upon human beings' relationship with God, advocating a "hedge or wall of Separation between the Garden of the Church and the Wilderness of the world" in order to keep religion pure. Through his work Rhode Island's charter was confirmed by
King Charles II of England, which explicitly stated that no one was to be "molested, punished, disquieted, or called in question, for any differences in opinion, in matters of religion". Williams is credited with helping to shape the church and state debate in England and influencing such men as
John Milton and particularly John Locke, whose work was studied closely by Thomas Jefferson, James Madison, and other framers of the U.S. Constitution. Williams theologically derived his views mainly from Scripture and his motive is seen as religious, but Jefferson's advocation of religious liberty is seen as political and social. Though no states currently have an established religion, almost all of the state constitutions invoke God and some originally required officeholders to believe in the
Holy Trinity.
Early treaties and court decisions The Treaty of Paris In 1783, the United States signed a treaty with
Great Britain that was promulgated "in the name of the Most Holy and Undivided Trinity". It was dipped in religious language, crediting "'Divine Providence' with having disposed the two parties to 'forget all past misunderstandings,' and is dated 'in the year of our Lord' 1783". Supporters of the separation of church and state argue that this treaty, which was ratified by the Senate, confirms that the government of the United States was specifically intended to be religiously neutral. The treaty was submitted by President Adams and unanimously ratified by the Senate.
Church of the Holy Trinity v. United States In the 1892 case
Church of the Holy Trinity v. United States, Supreme Court Justice
David Brewer wrote for a unanimous Court that "no purpose of action against religion can be imputed to any legislation, state or national, because this is a religious people. ... [T]his is a Christian nation." Legal historian
Paul Finkelman writes that:
Use of the phrase The phrase "separation of church and state" is derived from a letter written by President
Thomas Jefferson in 1802 to
Baptists from Danbury, Connecticut, and published in a Massachusetts newspaper soon thereafter. In that letter, referencing the
First Amendment to the United States Constitution, Jefferson writes: Another early user of the term was
James Madison, the principal drafter of the
United States Bill of Rights. In a 1789 debate in the House of Representatives regarding the draft of the First Amendment, the following was said: Madison contended "Because if Religion be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body." Several years later he wrote of "total separation of the church from the state". "Strongly guarded as is the separation between Religion & Govt in the Constitution of the United States", Madison wrote, and he declared, "practical distinction between Religion and Civil Government is essential to the purity of both, and as guaranteed by the Constitution of the United States." In a letter to
Edward Livingston Madison further expanded: We are teaching the world the great truth that Govts. do better without Kings & Nobles than with them. The merit will be doubled by the other lesson that Religion flourishes in greater purity, without than with the aid of Govt. 's tombstone. The inscription, as he stipulated, reads, "Here was buried Thomas Jefferson, author of ... the
Statute of Virginia for Religious Freedom ...." This attitude is further reflected in the
Virginia Statute for Religious Freedom, originally authored by Jefferson and championed by Madison, and guaranteeing that no one may be compelled to finance any religion or denomination: Under the
United States Constitution, the treatment of religion by the government is broken into two clauses: the
Establishment Clause and the
Free Exercise Clause. Both are discussed in regard to whether certain state actions would amount to an impermissible government establishment of religion. The phrase was also mentioned in an eloquent letter written by President
John Tyler on 10 July 1843. During the 1960 presidential campaign the potential influence of the Catholic Church on John F. Kennedy's presidency was raised. If elected, it would be the first time that a Catholic would occupy the highest office in the United States.
John F. Kennedy, in his
Address to the Greater Houston Ministerial Association on 12 September 1960, addressed the question directly, saying: The United States Supreme Court has referenced the separation of church and state metaphor more than 25 times, though not always fully embracing the principle, saying "the metaphor itself is not a wholly accurate description of the practical aspects of the relationship that in fact exists between church and state". In
Reynolds, the Court denied the free exercise claims of Mormons in the Utah territory who claimed
polygamy was an aspect of their religious freedom. The Court used the phrase again by Justice Hugo Black in 1947 in
Everson. In a minority opinion in
Wallace v. Jaffree, Justice Rehnquist presented the view that the establishment clause was intended to protect local establishments of religion from federal interference. Rehnquist made numerous citations of cases that rebutted the idea of a total wall of separation between Church and State. A result of such reasoning was Supreme Court support for government payments to faith-based community projects.
Justice Scalia has criticized the metaphor as a bulldozer removing religion from American public life.
Pledge of Allegiance Critics of the American
Pledge of Allegiance have argued that the use of the phrase "under God" violates the separation of church and state. While the pledge was created by
Francis Bellamy in 1891, in 1954, the
Knights of Columbus, a Catholic organization, campaigned with other groups to have the words "under God" added to the pledge. On 14 June 1954, President
Dwight Eisenhower signed the bill to make the addition. Since then, critics have challenged the existence of the phrase in the Pledge. In 2004,
Michael Newdow, an ordained
atheist minister of the
Universal Life Church challenged a Californian law which required students to recite the pledge. He said the law violated the First Amendment's Establishment Clause. The Supreme Court ruled in favor of the school system in
Elk Grove Unified School District v. Newdow due to the fact that the father could not claim sufficient custody of the child over his ex-wife who was the legal guardian and had opposed the lawsuit.
Uruguay In
Uruguay the principle of separation of church and state is enshrined together with the religious freedom in Article 5 of the
Constitution, which states: "All religious cults are free in Uruguay. The State does not support any religion. It recognizes the Catholic Church the domain of all temples that have been totally or partially built with funds from the National Treasury, excepting only the chapels intended for the service of asylums, hospitals, prisons or other public establishments. It also declares temples exempt from all types of taxes dedicated to the worship of various religions." The separation between church and state was officially declared in the
Constitution of 1918 and preserved in the following ones. The
secularization of the country, however, began at the beginning of the 20th century during the first administration of President
José Batlle y Ordoñez as part of the reforms that sought the firm positioning of the State in the public sphere. The measures included the prohibition of religious symbols in public hospitals and government buildings, as well as the suppression of religious teaching in public schools. ==Religious views==