Separation of Church and State

THERE was a new development in the May 13 election. Several lay faith groups came out openly with their choice of candidates to have an independent senate. This set of candidates, in turn, have been endorsed by some church leaders. Several quarters cried: “Foul! They were breaching the constitutional principle of separation of church and state!” Many church people were also wary to openly campaign for candidates in elections because of the separation of church and state issue. Whenever church leaders criticized government programs and practices people use the separation of state and church call to silence the government critics. What really is this separation of church and state provision of the constitution?

The mother provision is found in Article II, Section 6 of the Constitution, which states - - “The separation of Church & State shall be inviolable”.

This principle is given eight specific provisions in the constitution:

1.     The government is prohibited from establishing its own religion (Art III, Sec 5)

2.     The government is prohibited from prohibiting the free exercise of any religion (Art III, Sec 5)

3.     The government is prohibited from giving or showing any preference to or discrimination against any religion (Art III, Sec 5)

4.     The government is prohibited from using any “religious test” for the exercise of any civil or political rights (Art III, Sec 5)

5.     Churches, convents, mosques, and all their lands, buildings, improvements that are actually, directly and exclusively used for religious purposes are exempt from taxation (Art VI, Sec 28, par 3)

6.     The government is prohibited from appropriating and using any public money or property for the direct or indirect use, benefit or support of any religion, church, priest, pastor or imam (Art VI, Sec 29, par 2)

7.     The government is prohibited from registering as political party any religious denominations or sects (Art IX, Part C, Section 2[5])

8.     The government is prohibited from teaching religion as mandatory in public schools. Religion shall be only allowed to be taught in public schools if the parents give their consent in writing (Art XIV, Sec 3[3])

 Since congress has not passed any law to further give other provisions, these are the only instances for the provision of the separation and state.  As we can see, all the provisions are addressed to the state and not to the church. Never does the constitution prohibit church people, especially if they are citizens of the land, to participate in the life of the government nor to speak for or against the government.

In the Catholic Church, though, we also follow another law which we can Canon Law. Here the lay faithful are enjoined to actively participate in politics and are mandated to bring Gospel values to all aspects of life, including politics. The clergy, being shepherds of all the faithful who may belong to opposing political parties, are enjoined not to be partisan in political affairs in the sense of belonging to one particular political party. Canon Law, however, does not prevent the clergy to educate the faithful by speaking the truth and pointing out what is evil. Pope Francis clearly wrote: “The Church’s pastors, taking into account the contributions of the different sciences, have the right to offer opinions on all that affects people’s lives, since the task of evangelization implies and demands the integral promotion of each human being.” (Evangelii Gaudium 182)

It behooves us to know our rights so as not to be cowed down due to ignorance.