God in US State Constitutions

According to some studies, the church-state relationship in the US is unique in the world as it is the only country in the world which neither regulates the practice any religion nor passes any religious legislation. However, as argued in this blog previously, this was not always the case. Religion and state were intertwined for decades at the sub-national level. For example, several US states had religious tests for public office and minority religions faced persecution (See American Secularism: A historical view of separation of the Church and the State in the US). For example, currently, 37 states have Blaine amendments forbidding public funds from being used for sectarian schools. These amendments in the state constitutions were made in the late 19th century because of anti-catholicism fervor that was rampant in the US at that time. The original Blaine amendment at the federal level was proposed by James G. Blaine, who served as Speaker of the U.S. House of Representatives (1869-1875), but it failed to pass. The sub-national (state) legislatures, however, took the cue and passed similar amendments at their level (See Blaine Amendment(s) and the separation of church and state in the US). 

Reading the history of "wall of separation" between church and government in the US, it is clear that the impregnable wall was constructed recently, in the mid-twentieth century. Moreover, the wall is still quite weak at the state level and it is quite possible that, if President Trump had an opportunity to appoint one or two more conservative Supreme Court judges, the strict separation may give way to a more lenient separation, particularly at the state level. 

Why religion plays a much larger role at the sub-national/state level than at the national level? One reason was the powerful hold of religion on people in colonial America. Another reason can be the significant role of religious elite in the creation of various states in colonial America. All the New England colonies (except Rhode Island) were founded by Puritan Calvinist Protestants and in each of them, the Congregational church was the established church. The mid-Atlantic and Southern colonies, like New York, Virginia, North Carolina, South Carolina, and Georgia, were established by Crown land grants and, like Great Britain, had the Church of England as the established church. Pennsylvania (founded by the Quakers), Delaware, New Jersey and Rhode Island did not have an established church but majority denomination played a significant role even in these territories. Maryland initially did not have an established church but later Church of England was proclaimed as the established church. 

Even after the US independence and the adoption of the US Constitution and Bill of Rights, many states continued to have established churches. The US founding fathers accepted the first amendment not only to limit religion role in the federal government but also to allow states to keep their established churches, without jeopardizing the new federal structure. They had no intention, at least in the near future, to stop religion's role in the state governments.

During the last two hundred years, the role of religion has decreased in all of the US states.  As explained in a previous blog post, the US Supreme Court has become very strict in maintaining the wall of separation, both at the federal and state level  (See American Secularism: A historical view of separation of the Church and the State in the US). However, references to God and the divine written in all states constitutions earlier are still very much part of them. Is it because such references are patriotic, ceremonial and inspirational and not theological or ritualistic, similar to what the US federal courts decreed about the US national motto (In God we trust)? Maybe.

Pew Research Center analysis has done a very interesting study about the mentioning of word God, divine, Providence, etc. in the state constitutions (See God or the divine is referenced in every state constitution). Following are few of the interesting results:

• In every state constitution, God or the divine is mentioned at least once;
• In total,  God or the divine is mentioned nearly 200 times in the 50 state constitutions; 
• More than two-third of the state constitutions (34) refer to God more than once;
• God, as a word, appears 116 times in state constitutions;
• Massachusetts' constitution refers to God eight times, more than in any state constitution. New Hampshire and Vermont are at the second place, with six references each. It is very surprising as these three states are among the least religious in the US;
• In addition to references to God, there are also 46 references to “almighty,” 14 references to a Supreme or Sovereign Being, seven to the “Creator,” four to “divine,” and three to “Providence;” 
• The word “Christian” appears seven times in the state constitutions;
• Surprisingly, some state constitutions still explicitly prohibit those who do not believe in God from holding public office. However, these bans have not recently been enforced.

Source: From the Pew's article referred above

The strict American secularism is around fifty years old. Frequent references to God or divine in the state constitutions can provide the basis for the breaking or (at least) undermining of the wall of separation.