Religious Liberty Comments Needed
TO: THE DEPARTMENT OF JUSTICE
Via EMAIL:
RLC@usdoj.gov
RE: RECOMMENDATIONS OF RELIGIOUS LIBERTY COMMISSION
Thank you for the opportunity to provide feedback to the recommendations of the Religious Liberty Committee submitted to President Donald J. Trump on June 26, 2026.
While we are mindful of the Committee’s labors which resulted in the 12 recommendations released June 26, certain of which we agree with, we write to voice our concerns and objections to the Committee’s first and ninth recommendations,1 and its obviously insufficient consideration of the warnings of the Founding Fathers of the dangers of a union of church and state, or the many lessons of history regarding same.
The Committee recommended that the Department of Justice “issue guidance clarifying the proper understanding of the Establishment Clause and separation of church and state.”2 At the formal release of the Committee’s recommendations on the same day, Committee Chair Dan Patrick publicly stated that, “The separation of church and state is not in the constitution,” and that the phrase “has no constitutional basis.”3
As citizens and students of history, and as Christians, we are alarmed, lest the flawed and unconstitutional view of the Chair of the Committee of the so-called “proper understanding of the Establishment Clause and the separation of church and state”, prove influential or worse, instructive, to the Department of Justice. If the Committee’s opinion of the so-called “proper understanding” of the Establishment Clause is the same as that of its Chair, it is apparent that its understanding is not proper, but rather improper.
Founding Father, “Father of the Constitution”, and fourth President of the United States, James Madison, contradicted Chair Dan Patrick’s claim that the separation of church and state is not in the Constitution. Madison stated that, “Strongly guarded as is the separation between Religion & Govt in the Constitution of the United States, the danger of encroachment by Ecclesiastical Bodies, may be illustrated by precedents already furnished in their short history." According to James Madison, the separation of church and state is in the Constitution. As to whether James Madison, who is the principle author of the Establishment Clause, or Dan Patrick, is the greater authority on this subject, we think it not difficult for reasonably minded people to ascertain.
Certainly, the Founding Fathers were all aware of the persecution of the Baptists, Quakers, Jews, and others in some of the colonies. They had seen first hand the ear croppings, whippings, imprisonment and hangings in Massachusetts and other colonies.
In Europe, the persecution of the martyrs is well documented. Today we take the Bible for granted, but forget that William Tyndale was executed for translating the Bible into the English language not by atheists, but by religious bigots. It was a union of church and state which suppressed speech and the freedom of the press in England. It was a union of church and state which prohibited the work of translation of the Bible which changed the world. It was a union of church and state which necessitated his flight to Europe. It was a union of church and state which killed him.
We respectfully ask that the Department of Justice, in considering the issue of public guidance of the separation of church and state, consider the history of William Penn, founder of Pennsylvania, and early Founding Father, who was repeatedly jailed for his religious faith in England. Pennsylvania Colony became a haven, not from atheist persecutors, but religious persecutors who did not believe in the separation of church and state. The same is true of Roger Williams, founder of the colony of Rhode Island, who was ordered arrested for declaring that the civil magistrate cannot enforce the first table of the Decalogue. We ask that the Committee take into account the brutal public whipping of President Abraham Lincoln’s five-time great grandfather, Obadiah Holmes, in Massachusetts colony, for the “crime” of religious dissent. Obadiah Holmes was not whipped by atheists. He was whipped by Puritan bigots who did not believe in the separation of church and state. We respectfully request that the Department of Justice consider this history in the issuance of public guidance on the subject.
We are concerned that the Committee neglected to take into account the impact of the separation of church and state on the other rights codified in the First Amendment. Free speech and freedom of the press, for example, owe their flourishing in the modern world in large part to the separation of church and state in America. Prior to the protections in the First Amendment, the Roman Catholic Church for centuries maintained a list of banned books called the Index Librorum Prohibitorum. The books were subject to confiscation, and the possession of them resulted in the punishment of the owner. Unfortunately, the Committee makes no mention of the censorship in this context of Galileo and Kepler, Kant and Locke, John Milton and Maimonedes, John Stuart Mill and Jeremy Bentham, David Hume and Edward Gibbon, and many others, all at the behest of the Roman Papacy, which is itself a union of church and state. Free speech in the western world is the legacy of those who risked the wrath of a unified church and state, often at the cost of their lives. We would also ask that the Department of Justice consider the repeated modern calls from the papal power today for the censorship of the internet, and the suppression of free speech, contrary to the First Amendment.4 We have no doubt that the censorship of Galileo, Kepler, Milton and others was prosecuted under the justification of the censorship of misinformation, also.
The Roman Church was not alone in this persecution, either. We would ask the Department of Justice in its formulation of public guidance on the separation of church and state to remember the religious persecutions carried out at the behest of John Calvin in Geneva against religious dissenters such as Michael Servetus, who paid with his life for his writings and teachings. Servetus was executed by a union of church and state. We are concerned at the public statements of those who would create such a system in America.5
Therefore we respectfully ask what proper guidance can the Department of Justice hope to give to the public on the “proper understanding of the Establishment Clause and the separation of church and state” if it is directed in its object by a Committee and a Committee Chair, who has neglected to more fully analyze the reasons for the separation of church and state, or the reasons why the United States codified the disestablishment of church and state in the First Amendment in the first instance?
Reference to the wall of separation between church and state is not only mentioned by President Thomas Jefferson in the letter to the Danbury Baptists, which of course it is.6 What is often left out of the narrative is that Jefferson said that he personally believed that the principle of the separation of church and state is codified in the Constitution.
Therein, Jefferson wrote:
Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, 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 & State.7
James Madison wrote,
It is proper to take alarm at the first experiment on our liberties. We hold this prudent jealousy to be the first duty of Citizens and one of the noblest characteristics of the late Revolution. The free men of America did not wait till usurped power had strengthened itself by exercise and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle. We revere this lesson too much soon to forget it.8
Lastly, we object to the recommendation of the Committee that the Johnson Amendment be removed. As followers of Jesus Christ, we are mindful of Our Lord’s words that we “render to Caesar what is Caesar, and to God the things that are God’s.”9 Jesus Christ established the principle of the separation of church and state, and taught that what belongs to God cannot be rendered to Caesar. The application of this teaching is that religionists, ambitious for civil power, and politicians ambitious for their endorsement, are to be kept separate in the American system of politics, as the Constitution requires. The union of church and state results in the corruption of both, a result which neither should desire, and neither can afford.
Madison stated that “The number, the industry, and the morality of the Priesthood, & the devotion of the people have been manifestly increased by the total separation of the Church from the State."10 And he was right. If the Johnson Amendment is removed, religionists who want civil power will publicly stump and promise their votes and congregational dollars in exchange for political favors, and the politicians will be doubtless all too eager to reciprocate in the form of legislation which the religionists desire provided they will aid their attempts to gain office.
In his anonymous treatise published in the Boston Gazette, John Adams, later the second President of the United States, wrote that canon law was a tyrannical form of government, as was feudal law, but that the worst of all forms of governments was a union of the two.11 And it was Madison who stated that, “In the Papal System, Government and Religion are in a manner consolidated, & that is found to be the worst of Governments.”
We respectfully request therefore that the Department Justice not adopt recommendations 1 and 9 of the Committee, and that it does adopt recommendation 1 of the Committee that it convene a public hearing, with written and oral submissions from the public, to more comprehensively study the question of the separation of church and state in history, and in American history in particular, a study which we would enthusiastically support.
We remain yours truly,
[THE UNDERSIGNED]
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2 Ibid, [Emphasis added].
3 https://www.chron.com/politics/article/dan-patrick-church-state-constitution-viral-22323383.php
4 https://reclaimthenet.org/pope-francis-calls-on-social-media-platforms-to-censor-more-misinformation;
5 https://www.youtube.com/watch?v=pAUkMwlWYB8; https://www.youtube.com/watch?v=CMBiPIfx-UA
6 https://www.loc.gov/loc/lcib/9806/danpre.html
7 https://www.loc.gov/loc/lcib/9806/danpre.html - Jefferson here is clearly referring to Congress. That Congress is prohibited by the Constitution from making a union of church and state.
8 James Madison, Memorial and Remonstrance against Religious Assessments
9 Matthew 22:21
10 James Madison, Letter to Robert Walsh, March 2, 1819.
11 John Adams, Dissertation on the Canon and Feudal Law, 1765. https://www.masshist.org/publications/adams-papers/index.php/view/PJA01dg2 Since the Promulgation of Christianity the two greatest systems of Tyranny that have Sprung from this source, are the Cannon and the feudal Law. The Desire of Dominion, however noble and useful on the whole, is however, when unawed and unrestrained by Hopes and Fears, an encroaching, grasping, restless and ungovernable Principle. And among all the Variety of iniquitous systems that have been contrived by the great, for the Gratification of it, in themselves was never So successful, as in the Invention and Establishment of the Cannon and the Feudal Law. In the former, the most refined, sublime, extensive and astonishing Constitution of Policy that was ever conceived by the human Mind, we find was framed by the Romish Clergy, for the Aggrandisement of their own order.
All the Epithets, that I have given to the Romish Policy, will be owned to be just, when it is considered, that they found it practicable to persuade Mankind, that God almighty had intrusted them with the Keys of Heaven, whose Gate they might open and Close at Pleasure—With a Power of Dispensation over all the Rules and Obligations of Morality—With an Authority to Licence all sorts both of Sins and Crimes.—With a Power of deposing Princes, and absolving subjects from their Allegiance.—With a Power of procuring or witholding the Rain of Heaven and the Beams of the Sun—With the Management of Earthquakes, Pestilence and Famine—Nay with the misterious, awful Incomprehensible Power of Creating out of Bread and Wine the Flesh and Blood of the great Creator of the Universe. And all these opinions, they were enabled to propagate and rivet in the Minds of the People, by reducing the Minds of the Common People them to a State of Sordid Ignorance and staring Timidity, and by infusing into them a religious Horror of Letters and Knowledge of every Kind. Thus was human Nature chained fast for ages in a cruel, shameful, deplorable Servitude, to him and his Subordinate Tyrants, who it was foretold, would exalt himself above all that was called God and that was worshiped.
In the latter We find another System, Similar in many Respects to the former: which, altho it was originally formed, perhaps for the necessary Defense of a barbarous People, against the Inroads and Invasions of her neighboring nations; Yet for the Same Purposes of Tyranny, Cruelty and Lust, which had dictated the Cannon Law, it was soon adopted by allmost all the Princes of Europe and wrought into the Constitution of their Govt. It was originally a Code of Laws 110for a vast Army in a Perpetual Encampment. The General was invested with the Sovereign Propriety of all the Lands within their Territory—of Him the first Rank of his great officers, held the Lands, immediately, and the other subordinate Ranks, held of them, and all held by a Variety of Duties and services, tending to bind the Chains the faster on every order of Mankind. In this Manner the Common People were held together in Clans and Herds in a State of Servile Dependance on their Lords, bound by the tenure of their lands to follow them to their Wars whenever they commanded, and in a state of total Ignorance of every Thing divine and humane, excepting the Use of Arms and the Culture of the Lands.
But another Event, still more calamitous to human Liberty, was a wicked Confederacy between the two Systems of Tyrany above described. It seems to have been even stipulated between them that the temporal Grandees, should contribute every Thing in their Power to maintain the Ascendancy of the Priesthood, and the Spiritual Grandees in their turn, shold employ that ascendancy over the Consciences of the People, in impressing on their Minds a blind, implicit obedience to civil Magistracy. [emphasis added]
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