Philip Hamburger: The Separation of Church and State (Created to Limit Catholicism)

Catholic League ^ | 12/2202 | Joseph DeFeo

[narses]

The term Blaine Amendment refers to amendments or provisions that exist in most state constitutions in the United States that forbid direct government aid to educational institutions that have any religious affiliation.

Supporters of the proposal then turned their attention to state legislatures, where their efforts were met with far greater success: Eventually, all but 11 states (Arkansas, Connecticut, Louisiana, Maine, Maryland, New Jersey, North Carolina, Rhode Island, Tennessee, Vermont, and West Virginia) passed laws that meet the general criteria for designation as "Blaine Amendments," in that they ban the use of public funds to support sectarian private schools. In some states the laws were included in constitutions drafted by newly-formed states concomitant with their admission to the Union and are thus technically not "amendments". The state Blaine amendments are still in effect in many states.

What are Blaine Amendments?

Blaine Amendments are provisions in dozens of state constitutions that prohibit the use of state funds at "sectarian" schools. They're named for James G. Blaine, who proposed such an amendment to the U.S. Constitution while he was Speaker of the U.S. House of Representatives in 1875. The amendment passed overwhelmingly (180-7) in the House, but failed (by 4 votes) in the Senate. Although the amendment failed narrowly, state-level versions were wildly successful. And in several states, adoption of Blaine Amendments was made an explicit condition for entering the Union.

Today, 37 states have provisions placing some form of restriction on government aid to "sectarian" schools and their equivalents that go far beyond any limits in the U.S. Constitution.

Now that the Supreme Court has cleared the last remaining federal obstacle to school choice programs (Zelman held that well designed voucher programs do not violate the Establishment Clause), supporters are finding that their states' Blaine Amendments may prohibit such programs.

It was not widely appreciated until recently that Blaine Amendments were passed as a direct result of the nativist, anti-Catholic bigotry that was a recurring theme in American politics during the 19th and early 20th centuries. Finally, in the Supreme Court's Mitchell v. Helms decision in 2000, the four-Justice plurality explicitly recognized that use of the term "pervasively sectarian" in law was a "doctrine born of bigotry [that] should be buried now." Justice Breyer's dissent in Zelman v. Simmons-Harris further acknowledges this tainted history. After Locke v. Davey in 2004, the court made clear that since Blaine Amendments "have been linked with anti-Catholicism" they are unique creatures that merit especially close examination, suggesting that they may be buried by the court soon.

The Becket Fund for Religious Liberty is currently challenging the legality of several Blaine Amendments as violations of the U.S. Constitution. In a series of Supreme Court amicus briefs—first in Mitchell, then in Zelman, and again in Locke—The Becket Fund has worked to build awareness among the Justices of the role of nativism in the history of hostility toward funds for religious schools. We're also raising the issue before state supreme courts, filing amicus briefs in Gallwey v. Grimm before the Washington Supreme Court, and in Bush v. Holmes before the Florida Supreme Court. And have also submitted an amicus brief in the 10th Circuit. News articles in The New York Times, The Legal Times, World Magazine and other publications have recognized The Becket Fund's role in this effort.

This website is offered as a resource to all who wish to explore the subject further.

[RegulatorCountry]

That’s correct, the Carroll family nothwithstanding. One of my Maryland lines is Carroll, no record of any connection that I’ve been able to locate. But, so many “burned counties” like Fairfax and such, very spotty records. I’ll probably never know.

Thomas Jefferson had a few snarks about priest-ridden people, but then again, he snarked at a lot of religiosity. Despite all that, he appeared to have remained something of a Christian man, an idiosyncratic one certainly, but still Christian.

[xzins]

Is it absolutely true that Hugo Black was a Klansman?

[Titus-Maximus]

Yes.

wikipedia:
In 1921, Black defended E. R. Stephenson in the sensationalistic trial for the murder of Fr. James E. Coyle. He joined the Ku Klux Klan shortly after, thinking it necessary for his political career. Running for the Senate as the “people’s” candidate, Black believed he needed the votes of Klan members. Black would near the end of his life admit that joining the Klan was a mistake, but said “I would have joined any group if it helped get me votes.”[9]

[xzins]

Thanks. Sounds like Black and Byrd would have been best buds.

Adds new meaning to “Black Byrd singing in the “dead of night.”

[RobbyS]

The nation did not disestablish State churches: the States did. For instance Massachusetts disestablishlished its Church in 1835 or so. Ironically, the orthodox Christians did this to keep the Unitarians from taking over. The idea of a state church like that of the Church of England or in the European states, began to be rejected during the First Great Awakening.

[RegulatorCountry]

The nation did not disestablish State churches: the States did.

The States had many powers that are surprising to modern ears, such as making every determination of citizenship above and beyond the uniform law of naturalization, which was a power expressly enumerated under the Constitution to the Legislature. The Reconstruction era changed all that, with the birth of the Federal leviathan.

[RobbyS]

Hugo Black, speaking for the Court, in effect incorporated the Blaine Amendment into the First Amendment. I have never met a liberal who was aware of the Blaine Amendment except as some vaguely anti-Catholic legislation. It was not until the 1960s, that the Court extended the restrictions on Catholics to the Protestants. In their hostility to the Parochial schools, Protestants opened the door to secularization of the public schools.

[RobbyS]

Yes, but the State Churches all disappeared before the Civil War.

[RobbyS]

Black’s anti-Catholicism was personal. However, the Klan was a good fit for him, because the Klan was far more worried about Catholic and Jewish influence than about the blacks.