Jefferson’s Danbury Letter, Take 2
Pop quiz. True or false.
Did Thomas Jefferson’s 1802 “wall of separation” letter tell the Danbury (Conn.) Baptist Association that there are limits to the free exercise of religion?
I was multitasking at the neighborhood park last night – watching my children while reading Rob Boston’s book Why the Religious Right Is Wrong About Separation of Church and State – when I was blown away by a passage in Jefferson’s Danbury letter.
I have read, perhaps I should say “seen,” Jefferson’s Danbury letter many times. My focus has always been on the part that says:
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.
What set off bells and whistles last night was what Jefferson said immediately preceding his famous “wall of separation” statement. Read the following quote several times: “the legislative powers of government reach actions only, and not opinions”.
While eminently intuitive, perhaps too obvious, is an implication that I now draw from the letter — that, in Jefferson’s view, government can regulate (some) religious acts without violating the free exercise clause. I admit that this interpretation of Jefferson’s words is so far reaching as to be astounding.
Or is it? For example, neutral laws of general applicability apply to actions by everyone, including those actions performed in the name of religion. See Employment Division v. Smith, 494 U.S. 872, 879 (1990). Stated another way, the free exercise clause is not a free pass to violate federal, state or local laws in the name of religion.
So the answer to the pop quiz is: TRUE.
Oh, I can hardly wait to quote Mr. Jefferson in a future brief to the Supreme Court and drive the Christian Right batty.









