Tag Archives: Separation of Church and State

Religious Liberty and the Coronavirus Quarantine

One of the more closely related issues to the Coronavirus Quarantine is Religious Liberty.  Some have argued that the State demanding the shutdown of Church’s infringes upon the right to religious freedom.  Arguments have but put forth, at least from a Constitutional perspective, that in general the demand that churches be shut down is not unconstitutional.  We will set the constitutional question aside for the time being and examine it from the Church’s traditional teaching on religious freedom.

From the outset it must be admitted that examining religious freedom from the standpoint of traditional teaching is not without controversy.  Ever since the Second Vatican Council this teaching has been contested thanks to what amounts to a document plagued by ambiguity.  This despite the fact that the Declaration on Religious Freedom, Dignitatis Humanae, makes it clear that “it leaves untouched traditional Catholic doctrine on the moral duty of men and societies toward the true religion and toward the one Church of Christ” (DH 1).  This “traditional Catholic doctrine” can be summarized as follows.

The Traditional Teaching on Religious Liberty

Man has an obligation to worship God, not just in any manner that he wishes, but according to the religion that God has revealed.  More to the point, man has an obligation to be a member of the Catholic Church.  This membership however must be voluntary.  No one can be forced to embrace the True Faith against his will.  Two corollaries follow from this.  First, no one may be forced from acting against his religious conviction in private or in public.  Vatican II affirms this teaching when it says that religious “freedom means that all men are to be immune from coercion on the part of individuals or of social groups and of any human power, in such wise that no one is to be forced to act in a manner contrary to his own beliefs, whether privately or publicly, whether alone or in association with others, within due limits.” 

In a discourse in 1953, Pope Pius XII said ‘That which does not correspond to truth or to the norm of morality has objectively no right to exist, to be spread or to be activated.”  Because “error has no rights”, the public exercise of religion is another issue.  Only the true religion has a right public expression and thus a person may be kept from publicly acting upon their religious convictions.  To summarize, a man can’t be forced to act against his conscience but can be kept from acting on it.  The second corollary then is that the State, because it is the custodian of the Common Good may prohibit public expression of false religions.

In Catholic countries the State may tolerate some public expression of false religions only for proportionate reasons in order to protect the Common Good.  St. Thomas gives two reasons in general—to avoid civil unrest or avoid prejudicing non-Catholics toward the Church.  What is clear is that this must be viewed merely as tolerance and not a right.  No one has right to be tolerated.  Either way a non-Catholic religion must not be given the space to flourish and propagate itself. 

In non-Catholic States the obligation to protect and promote the true religion still remains in place, but the level of tolerance of false religions obviously increases because of the Common Good and the threat of civil unrest.  This is where Dignitatis Humanae seems to veer from the traditional teaching of the Church saying both that “religious communities…have the right not to be hindered in their public teaching and witness to their faith, whether by the spoken or by the written word”(DH 4).  It seems to confuse true rights from mere tolerance.  How this can be reconciled with the traditional teaching remains to be seen.

The traditional understanding then differs from the American Model.  The American Model treats all religions as equal.  This is contrary to justice however.  As Leo XIII put it:

“Justice therefore forbids, and reason itself forbids, the State to be godless; or to adopt a line of action which would end in godlessness-namely, to treat the various religions (as they call them) alike, and to bestow upon them promiscuously equal rights and privileges. Since, then, the profession of one religion is necessary in the State, that religion must be professed which alone is true, and which can be recognized without difficulty, especially in Catholic States, because the marks of truth are, as it were, engravers upon it.” 

Pope Leo XIII, Libertas 21

This also means that the Church cannot be treated as merely one other social organization.  This means that the constitutionality defense, namely that religious congregations have not been singled out, of the religious quarantine does not fly.  The Church not only should be treated differently than other religious groups, but also from all social groups.  Lumping it in with other “large gatherings” is unjust and does great harm to the Common Good.

Religious Liberty and the Power of the Church

The confusion regarding religious liberty has led to a grave misstep when it comes to the quarantining of the Church’s public worship and Sacraments.  To be clear, the issue isn’t about whether Bishops should comply with the order of the State regarding not gathering.  That question is best left up to the prudential judgment of the Bishops and their charism as Shepherds.  But any compliance must be shown to be voluntary.  It must be “we will comply” and not “we must comply”.  Very few Bishops (if any) have made it clear that this is a voluntary cooperation, “signal proof of her motherly love by showing the greatest possible kindliness and indulgence” (Leo XIII, Immortale Dei 15) in cooperating with the State.

The Church has an obligation to repeatedly tell the State to stay in its lane and this situation is no different.  Leo XIII, always aware of State encroachment upon the Church, said “Whatever, therefore in things human is of a sacred character, whatever belongs either of its own nature or by reason of the end to which it is referred, to the salvation of souls, or to the worship of God, is subject to the power and judgment of the Church. Whatever is to be ranged under the civil and political order is rightly subject to the civil authority” (ibid).  This is because the spiritual common good always has precedent over the temporal common good.

When the transition back to normal life happens, the question is who decides when the Church may resume Masses?  Is it the State or is it the Church?  The way this has played out so far it appears that it will be the State which sets a dangerous precedent and gives the Church’s enemies great leeway in performing a “soft persecution” in the name of public health.  The Shepherds of the Church must defend religious freedom and not cede any power over to the State.

God’s Authority and the Modern State

Pope St. Pius X once said that all errors in the practical and social realm were founded upon theological errors.  The Saintly Pontiff’s maxim seems almost common-sensical, so much so that, we can easily overlook it.  Ideas have consequences and bad ideas, especially bad ideas about Who God is and who man is, have bad consequences.  As a corollary then we might say that it is impossible to fix the bad consequences without rectifying the bad thinking.  One such bad idea, namely that all authority in the political realm comes from the people, has had the devastating consequence of erecting a “wall of separation between Church and State” leading to the loss of many souls.

The Source of Secular Authority

The properly Christian understanding about the source of secular authority is that it comes from God Himself.  This is made clear by Our Lord during His trial in which He tells Pilate that “You would have no power over me if it had not been given to you from above” (John 19:11).   In his usually blunt manner, St. Paul echoes the same principle when he reminds the Christians in Rome to “Let every person be subordinate to the higher authorities, for there is no authority except from God, and those that exist have been established by God” (Romans 13:1).  God as Creator and Sustainer of all Creation is also its supreme authority.  All authority is exercised in His name and flows from Him.  Kings, emperors and presidents all derive their power to rule from Him and it is only for that reason that they also have the power to bind consciences for just laws. 

Summarizing the Church’s understanding of secular authority, Pope Leo XIII instructs the faithful that “all public power must proceed from God. For God alone is the true and supreme Lord of the world. Everything, without exception, must be subject to Him, and must serve him, so that whosoever holds the right to govern holds it from one sole and single source, namely, God, the sovereign Ruler of all. ‘There is no power but from God’” (Leo XIII, Immortale Dei, 3).

This view of authority flies in the face of countries such as the United States.  Rather than authority from above, it is based on authority from below.  Known as popular sovereignty, this founding principle is first articulated in the Declaration of Independence where Jefferson told the King that legitimate governments are those ‘‘deriving their just Powers from the Consent of the Governed.’’ 

Luther’s Error and Its Modern Consequences

So ingrained in the modern mind, we might not even realize that it is opposed to the correct understanding of the source of secular authority.  It would be easy to blame this on the Enlightenment, but the error pre-dates even the Enlightenment and Social Contract Theory.  Instead the error is rooted in Luther’s revolution in which he rejected the authority of the Church.  Leo XIII points this out in his encyclical Diuturnum  by drawing a line from the so-called Reformation to Communism and nihilism: “…sudden uprisings and the boldest rebellions immediately followed in Germany the so-called Reformation, the authors and leaders of which, by their new doctrines, attacked at the very foundation religious and civil authority; and this with so fearful an outburst of civil war and with such slaughter that there was scarcely any place free from tumult and bloodshed. From this heresy there arose in the last century a false philosophy – a new right as it is called, and a popular authority, together with an unbridled license which many regard as the only true liberty. Hence we have reached the limit of horrors, to wit, communism, socialism, nihilism, hideous deformities of the civil society of men and almost its ruin” (Leo XIII, Diuturnum, 23).

If we follow the logic we will see why this is a necessary consequence.  Animated by a Protestant mentality, each person treats directly with God without any intermediary.  Each person becomes an authority in himself and therefore any authority that is to found in a social body is by his consent.  In essence then it eliminates the Kingship of Christ in the temporal realm and completely privatizes religion. 

This helps to explain why most Protestants see no problem in the current belief in a “Wall of Separation” between Church and State. It was Luther himself that was the intellectual predecessor: “[B]etween the Christian and the ruler, a profound separation must be made. Assuredly, a prince can be a Christian, but it is not as a Christian that he ought to govern. As a ruler, he is not called a Christian but a prince. The man is a Christian, but his function does not concern his religion. Though they are found in the same man, the two states or functions are perfectly marked off one from the other, and really opposed.”  Both the Christian Prince and the Christian citizen were to live their lives in two separate realms and, ironically enough, not submitting to God in either since they also rejected His Kingship in the Catholic Church.  Once the divorce is complete, all types of political errors begin to take hold.  Luther’s insistence on individual and private judgement leads directly to Locke, Rousseau, and Marx.  One theological error leads to many political errors. 

The Church then will always find conflict with the modern state until this error is corrected.  The modern State hates the Catholic Church because it is an existential threat because it seeks, or at least ought to seek, to acknowledge God’s authority in the temporal realm.  It is also the reason that Catholics ought to make the best citizens.  They see no conflict between Church and State because both have their authority rooted in God Himself and to obey either is to obey God.

Separation of Church and State?

In a letter to the Danbury Baptist Association written on New Year’s Day in 1802, President Jefferson wrote what, especially in recent times, has become his most often quoted words.  In offering an interpretation of the First Amendment he said,

“Believing with you 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 legitimate 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” (emphasis added).

The Catholic Church invents the Separation of Church and State

Jefferson was offering nothing novel.  Christians have been preaching the separation of Church and State for millennia.  If we look at the great cultures throughout history, the idea of a separation between the State and Religious powers was anathema.  Whether it was Egypt or Rome, the Emperors were believed to be gods themselves and religious veneration was due to them.  When Christ uttered His famous “render unto Caesar,” He did so in a culture in which Caesar thought himself divine and the High Priest or Pontifex Maximus of the official Roman pagan religion.  This was the norm throughout the ancient world, except for a single country—Israel.  In Israel, the role of king was distinct from either the priests or the prophets.  The first king, Saul, was anointed by the Prophet Samuel (1Samuel 10) and even King David himself was beholden to the Prophet Nathan who accused him of murder.

Christians have always interpreted Christ’s admonition to “render unto Caesar” as a call to keep this Jewish tradition of separating the governance of the State from the governance of the Church.  On the one hand, we can see why Our Lord thought this necessary simply by looking at man’s nature as both spirit and body.  We live two distinct, although related lives—temporal and eternal.  His utterance baptizes these two distinct powers to govern each of the lives.  Like the body and soul, there is a certain precedence of the spiritual governance over the temporal governance, but still the two should work in a complementary fashion.

Why We Need the Separation

Why the Church and State should remain distinct is not entirely clear until we add into the mix man’s fallen nature.  As an effect of man’s prodigious fall, the body tends to drag the soul down and corrupt it.  When the Church and the State are essentially one, it is the Church bears the brunt of it.  History reveals this repeatedly, especially if we look to the Middle Ages, culminating in Henry VIII’s foundation of the Church of England.  The circumstances may change but the Church always becomes corrupt when it gets too closely tied to the temporal power.

To use an American parlance, the Church/State distinction is a form of checks and balances.  The temporal authority, because he is first and foremost is trying to save his own soul in addition to his subjects, is always subservient to the Church.  The Church would, in turn, make itself the servant of the Imperium in her conduct of temporal affairs.  Each serves to keep the other in line—when the Church oversteps her bounds and gets too caught up in temporal affairs, the State is there to remind her of her mission to souls.  When the State oversteps its bounds and puts the souls of its residents at stake, the Church is there to remind it of its proper place.  While this practice may have been abused, the power of the Pope to excommunicate a rogue Christian King was very effective in bringing about conditions that were good for the soul.

When the two function in this way the citizens of the State thrive and are holy.  The culture becomes Christian, rather than a mere State that happens to have a majority of Christians in it.  The Church recognized the importance of building a Christian society—one in which being a Christian is made easier by the culture—and therefore worked out her understanding of Church/State relations shortly after the time of Constantine.  Pope St. Gelasius I (492-496) who is often credited with “inventing” the separation of Church and State said:

“Christ, mindful of human fragility had discerned between the functions of each power… His reason for so doing was twofold. On the one hand, it is written that no one warring for God should be entangled with secular things. The raison d’être of the royal power was to relieve the clerics of the burden of having to care for their carnal and material wants. For the temporal necessities the pontiffs indeed need the emperors, so that they can devote themselves to their functions properly and are not distracted by the pursuit of these carnal matters, but the emperors, Christian as they are, need the pontiffs for the achievement of eternal salvation.”

The Jefersonian Distinction

Even if Jefferson did not invent the notion of the Separation of Church and State, he did endorse an important twist to it.  What was new about Jefferson’s position—which was subsequently read into the Constitution by Justice Hugo Black—was his belief that a wall of separation had to be erected.  In other words, he thought Church and State should remain completely separate.

Returning to the analogy of the human person, you can no more put a wall of separation between the Church and State than you can between the soul and the body.  To sever the one from the other leads to death—be it the death of the person or of society as a whole.

When the complementary role of Church and State is denied, the State will go unchecked in its power.  When the State finds no authority above it then it simply does as it sees fit without any regard to the moral law or the eternal salvation of its citizens.  In order to pull this off though the State needs to promote “bread and circuses” to keep the populace from focusing on their souls.  The “bread and circuses” can take various forms, but the form of choice today is sexual license.  It is not as if the Church merely disappears in this setting.  The State sets up a new Church, one that is merged with the State.  In other words, when you set up a “wall of separation” it will always end up merging the two.

 

Return of the Church-State of Paganism

Much of the West is returning to paganism in the form of liberalism, worshipping the god of freedom.  Like all pagan gods, it demands child sacrifice, even if is cleaner this time because it is done in utero.  Its churches are universities (really all public schools) and its high priests are the judges.  The State will “tolerate” other religions and grant “freedom of worship” but any public expression, especially when it comes in conflict with the State Religion, will not be tolerated.   The Little Sisters of the Poor may have ultimately won their lawsuit, but that is only a harbinger of things to come.  The next battle will likely come for not complying with the demands of the law for gay marriage.  You must be willing to profess the new pagan creed which many Catholics, even bishops and priests, have shown themselves willing to do.

This is really a project of the Enlightenment, it simply took a few centuries for the Christian roots of Western society to actually die out.  Those roots are now, for all intents and purposes, dead.  We are living in Rome in reverse and the only way we can act redemptively is the way of the Church—martyrdom or an appearance by Our Lady.  Throughout history those are the only two ways that a society has been saved from the clutches of paganism.  Let us pray that as we ready ourselves for the 100th Anniversary of Our Lady of Fatima that it is the latter.