At Raritan Valley, Dershowitz defends separation of church and state

By Ronn Blitzer
The Jewish State

In these times, when battle lines are literally drawn between religions, the question is often raised: Is the United States a Christian nation? This was the main issue that Alan Dershowitz addressed in his lecture on Sunday, Sept. 30, at Raritan Valley Community College, North Branch. The talk was in support of his book, "Blasphemy: How the Religious Right is Hijacking the Declaration of Independence".

Dershowitz, the Felix Frankfurter Professor of Law at Harvard Law School, denounced the notion of a Christian United States and refuted the arguments of those who would claim otherwise. In reaction to Sen. John McCain's recent statement that the Constitution establishes the United States as Christian nation, Dershowitz calmly said "what an ignoramus." He then explained to the audience of nearly 300 that there is no basis that the Constitution is a Christian document, and that in 1797, nine years after the Constitution was ratified, President John Adams stated that the United States is not a Christian nation. The only reference to God in the Constitution is in the date, which states "in the year of our lord," as was custom in those times.

Moving on to discuss what he feels are misinterpretations of the Declaration of Independence, which mentions God four times, Dershowitz noted that the document does not refer to the God of any specific religion.

"They (the colonists) couldn't refer to law" in their search for a basis for independence, Dershowitz said, because they were living under the law of Great Britain. Instead, they referred to God as "natural law," but not specifically the Christian God. Thomas Jefferson, Dershowitz explained, was a separationist, believing in the division of church and state -- unlike European lawmakers, who did not observe such a separation.

The event was organized by the Jewish LIFE (Learning Is For Everyone) Program, of which Rabbi Arnold Gluck, spiritual leader of Temple Beth-El, Hillsborough, is the rabbinic dean. Jewish LIFE was created by the Shimon and Sara Birnbaum Jewish Community Center of Bridgewater, and is made up of the combined efforts of Jewish agencies and congregations of all denominations throughout the community.

Dershowitz continued by talking about the benefits of keeping religion out of government.

"The great benefit of separation of church and state is that everybody is an equal citizen, regardless of their religion," he said. Otherwise, he explained, there is a dominant religion, which leaves everyone else as second-class citizens. George Washington told Jews that they will not just be "tolerated", as they were in Europe, but rather in the United States they will be completely equal citizens.

Dershowitz said that separation of church and state is not only good for atheists, but for Jews -- and followers of any religion -- as well. He pointed out that 86 percent of Americans believe in God, and attendance for religious services is higher in this country than most of the world.

"Separation of church and state has kept America a very religious society, and lack of separation has driven people in Europe away from their religions," Dershowitz said.

Separation of government and religion is not just an issue in the United States. Dershowitz addressed how this issue is currently relevant in Israel, and how he believes it should be managed. He said that Israel must be a democratic state, but it can be democratic and Jewish at the same time.

"Israel is a Jewish state in the same way that France is a French state," he explained. "Judaism is not just the religion."

He said that Jews in the United States currently have greater freedom of religion than Jews in Israel, in the sense that in this country, Jews of any denomination have the flexibility to practice in their own ways, while in Israel, the Orthodox tradition governs many aspects of life. As a result, the Jewish population of Israel is divided between the ultra-Orthodox and the anti-religious, with not a great deal of those in between.

One aspect of Israeli life that is controlled by Orthodoxy is marriage. Consequentially, intermarriage is not performed by the state, and those Jews who wish to marry under conditions not approved by Orthodoxy must go elsewhere to do so. Dershowitz suggests a solution that would solve problems in the United States as well.

"Marriage is a sacrament," he said, "it's religious." He believes that the state should not marry anyone because it should be solely under the jurisdiction of religions. For matters of legal benefits, all couples, regardless of religion or sexual orientation, would have civil unions. This way, if people wish to get married in a religious tradition of their choosing, they have the option of doing so, and it is completely outside the scope of government control.

Dershowitz emphasized the importance of making sure that those who wish to turn the United States into a theocracy, as he put it, do not succeed. But the battle will not be won in the Supreme Court, he said, rather, it will be decided by the popular vote. He stressed the importance of voting for candidates who will protect this interest.

The format of the event was a dialogue between Dershowitz and Gluck. Gluck asked a number of questions, which allowed Dershowitz to dive into the numerous points he addressed, before taking questions from the audience.

As a Reform rabbi, Gluck agreed with Dershowitz's statement that he has greater religious freedom here than he would have in Israel.

He also echoed Dershowitz's sentiments regarding the separation of church and state.

"It's good for religion and good for the state," Gluck said.