"The Establishment Clause, unlike the Free Exercise Clause, does not depend upon any showing of direct governmental compulsion and is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce nonobserving individuals or not. This is not to say, of course, that laws officially prescribing a particular form of religious worship do not involve coercion of such individuals. When the power, prestige and financial support of government is placed behind a particular religious belief, the indirect coercive pressure upon religious minorities to conform to the prevailing officially approved religion is plain. But the purposes underlying the Establishment Clause go much further than that. Its first and most immediate purpose rested on the belief that a union of government and religion tends to destroy government and to degrade religion. The history of governmentally established religion, both in England and in this country, showed that whenever government had allied itself with one particular form of religion, the inevitable result had been that it had incurred the hatred, disrespect and even contempt of those who held contrary beliefs. That same history showed that many people had lost their respect for any religion that had relied upon the support of government to spread its faith. The Establishment Clause thus stands as an expression of principle on the part of the Founders of our Constitution that religion is too personal, too sacred, too holy, to permit its "unhallowed perversion" by a civil magistrate. Another purpose of the Establishment Clause rested upon an awareness of the historical fact that governmentally established religions and religious persecutions go hand in hand. The Founders knew that only a few years after the Book of Common Prayer became the only accepted form of religious services in the established Church of England, an Act of Uniformity was passed to compel all Englishmen to attend those services and to make it a criminal offense to conduct or attend religious gatherings of any other kind-- a law which was consistently flouted by dissenting religious groups in England and which contributed to widespread persecutions of people like John Bunyan who persisted in holding "unlawful [religious] meetings . . . to the great disturbance and distraction of the good subjects of this kingdom . . . ." And they knew that similar persecutions had received the sanction of law in several of the colonies in this country soon after the establishment of official religions in those colonies. It was in large part to get completely away from this sort of systematic religious persecution that the Founders brought into being our Nation, our Constitution, and our Bill of Rights with its prohibition against any governmental establishment of religion."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Democratic Party (United States) politiciansJustices of the Supreme Court of the United StatesLawyers from the United StatesMembers of the United States SenatePoliticians from Alabama
Original Language: English
Available Languages (1)
Sources
Writing for the court, Engel v. Vitale, 370 U.S. 421 (1962).
https://en.wikiquote.org/wiki/Hugo_Black
Revision History
No revisions have been submitted for this quote.
Categories
Hugo Black
Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American politician and jurist. A member of the Democratic Party, Black represented the state of Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 until he retired shortly before his death.
34 quotes on TrueQuotesView all quotes by Hugo Black →
Related Quotes
"It is part of the established tradition in the use of juries as instruments of public justice that the jury be a body…"
"[...] all legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is…"
"The liberty of every American citizen freely to come and to go must frequently, in the face of sudden danger, be temp…"
"Again, it is a new doctrine of constitutional law that one indicted for disobedience to an unconstitutional statute m…"
"The First Amendment: rests on the assumption that the widest dissemination of information from diverse and antagonist…"
"[I]t is true that [the provisions of the Bill of Rights] were designed to meet ancient evils. But they are the same k…"
"The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Go…"
"That Amendment requires the state to be a neutral in its relations with groups of religious believers and nonbeliever…"
"The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We coul…"
"Under our constitutional system, courts stand against any winds that blow as havens of refuge for those who might oth…"