United States is an optical illusion. Optical illusions do two things: they prevent you from seeing what is right in front of you, and/or they distort the thing you are looking at so it appears to be something else. The optical illusion of American religious freedom begins with the idea that just writing it down makes it real. Since religious freedom is enshrined in the First Amendment of the Constitution, people assume that religious discrimination does not exist. The illusion is fed by the one of the United States’ grand narratives: that the nation was founded as a haven for those fleeing religious persecution, where all can worship freely and equally. The facts behind the illusion are very different. The Puritans created a society where Protestant Christianity was the norm, and where religious affiliation, like race, became a basis for exclusion and discrimination.9
One of the most powerful ways the optical illusion of religious freedom is perpetuated is through constant use of the phrase “separation of church and state.” This phrase is invoked in public debates about issues like prayer at government meetings or Nativity scenes on public property. It is often brought up as a way to push back against members of religious minorities who assert their First Amendment rights in public spaces—because Christians do not see the omnipresence of Christianity in those very same spaces. Many Americans erroneously believe that the words “separation of church and state” are found in the Constitution and/or the Declaration of Independence. The phrase actually comes from a letter President Thomas Jefferson wrote to a Baptist religious committee in Danbury, Connecticut, in 1802. Jefferson was responding to the Danbury Baptists’ concern about the possible establishment of Puritanism as the official religion of the new republic. Jefferson wrote that the religious protection clauses of the First Amendment represent an “act of the whole American people” in “building a wall of separation between Church & State.” Jefferson’s letter then went largely unremarked-upon for almost a century, until the US Supreme Court’s 1878 decision in Reynolds v. United States. In that case, the Court quoted another passage in Jefferson’s letter to articulate a distinction between religious belief and practice. The Court referenced Jefferson’s “wall of separation between church and state” in the majority opinion in Everson v. Board of Education of Ewing in 1947,10 a case involving the state reimbursing families for the cost of busing their children to religious schools. Since Everson, the phrase has often been quoted in court decisions and has entered the popular culture as an articulation of what most Americans think is the legal line between religion and government.
In reality, the separation of religion from civic life at local, state, and federal levels in the US has always been an optical illusion. The phrase “separation of church and state” represents the idea of a desired Constitutional principle—namely, that in a pluralistic democracy, religious (“church”) and governmental (“state”) authorities do not intersect or interact. Yet, in the past as today, encounters and intersections of piety and policy have generated intense political controversy and legal contests. Interactions between democratic civic life and diverse religious cultures have inevitably led to conflicts over issues like prayer in public schools, Christmas or Easter symbols on government property, and religious expression in supposedly neutral spaces like workplaces, the military, and prisons. Rather than a reality, the “separation of church and state” serves either as an aspiration, for those who believe that personal freedom resides in the separation of religion from civic life, or as an obstacle, for those who would use the powers of the government to impose their religious beliefs on others.
The First Amendment states: “Congress shall make no law respecting the establishment of religion or prohibiting the free exercise thereof.” The first part of this directive, known as the Establishment Clause—“Congress shall make no law respecting an establishment of religion.”—prohibits the federal government from supporting any single religion or religious denomination or sect—the concern the Danbury Baptists expressed to President Jefferson, resulting in his 1802 letter, described above. The second part of this Constitutional guarantee, known as the Free Exercise Clause, bars Congress from making any law “prohibiting the free exercise” of religion. Among the topics in the Bill of Rights,11 religion is in a category by itself. The Bill of Rights does not protect people from institutional discrimination based on race, class, gender, or any attribute other than religion. Racial protections, like the extension of US Constitutional restrictions to the states, did not exist until the passage of Thirteenth and Fourteenth Amendments after the Civil War. Religion is also the only attribute with explicit and absolute constitutional protection: “Congress shall make no law …” All other protections in the Bill of Rights are adjective-modified and thus limited (“unreasonable searches,” “speedy … trial,” “cruel and unusual punishment”).12 The interpretation of these clauses is left to judges who are themselves products of existing cultural traditions and social hierarchies.
Some see the religion clauses as a grand gesture conveying broad freedoms to all. However, the First Amendment was really designed to be a religious “mutual assurance pact”13 agreed upon by the major competing Protestant denominations in the original thirteen colonies to prevent any one of them from becoming a federally established church supported by federal taxes or from being eradicated through restrictions on the freedom to practice or believe. (Official state churches were funded by state taxes until the mid-nineteenth century.14) The motivations behind the First Amendment would thus be better summed up with the words: “If I can’t have it my way, you can’t have it your way.”
To be clear, the optical illusion here is the idea that the Constitution demands a separation between church and state, and that such a separation actually exists as a result. Most Americans believe that government is not involved with religion and vice versa; this idea of separation helps to maintain the myth that all religions are welcomed and can be practiced freely. In fact, both clauses, but particularly the free exercise clause, have been subject to numerous interpretations by the US Supreme Court. These Supreme Court decisions have often functioned to support free religious practice claims brought by Christian groups, and to restrict free religious practice of non-Christians.15 The principle of church/state separation has sometimes been ignored entirely, such as when the federal government funded Christian missionaries as part of its campaign to corral and control Native American populations in the nineteenth century. As we will see below, the cumulative effect of these rulings and policies has been to permit Christians to follow their beliefs even when they are in violation of some civil laws, but frequently to allow restriction of religious minorities’ ability to practice their beliefs and atheists’ ability to avoid religion in public spaces.
Remember the other function of an optical illusion: It distorts our view of what is right in front of us. In this case, the optical illusion of religious neutrality functions like “color-blind racism.” Color-blind racism is a form of modern racism exemplified by the statement, “I only see you—I don’t see the color of your skin.” By its very logic, color-blind racism requires that individuals pretend a person of color is socially raceless.16 Usually ignorant and naïve rather than malicious, such a stance functions to sustain the White racial dominance by ignoring the continuing effects of historical prejudice and the racially different life experiences of people of color in America today. It is based on the principle that “all people are equal”; while valid, this principle ignores continuing systemic racial inequality. It results in the marginalization and oppression of people of color by failing to acknowledge and respond to their needs, experiences, and identity. It avoids confronting racism and thereby safeguards existing structures of White privilege, which reinforces and maintains White supremacy.
In the same way, pretending that US society is religiously neutral can result in the marginalization of, discrimination against, or even violence toward religious minority communities. It prevents us from addressing genuine inequities and injustices in the lives of religious minorities and from seeing how the design of society and its laws maintains White Christian supremacy. Believing that the reality of religious freedom matches our Constitutional aspirations obscures the Christian privilege and religious oppression encountered by religious minorities. It hides the fact that privilege and oppression are the product of centuries of law, policy, and cultural practices that are still supported by today’s institutional structures. Even in the current century, new laws and leaders continue to reinforce and perpetuate these practices