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Misconceptions on separation of church-state

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In my recent encounter with some public officials at a meeting I attended, the “separation of Church and State” was again quoted.

I cannot help but express now my thoughts about this.

Every time church leaders — bishops, priests, laypeople — talk against government policies, programs and practices, public officials would easily use the constitutional principle of separation of state and church to silence the critics.

I believe it’s a wrong notion that the separation of the Church and State would mean that the Church cannot speak up about the ways or performance of the State.

That view is often used by some officials and politicians to stop the Church from speaking up.

But the Church has a prophetic role to play. Since government is established by God to serve the people (Rom 13:1, 4) God must be able to speak to His appointed officials about the moral conduct of government. This is the Church’s role.

In its declaration of principles, the 1987 Philippine Constitution provides for the separation of Church and State. Unfortunately, this principle is being misinterpreted.

Actually, the Church-State separation provision is not about what the Church is prohibited to do, like criticizing government practices, getting involved in politics, etc. It is about what the state is prohibited from doing, such as the establishment of an official state religion, the use of public money to support such religion, and interfering in the affairs of the Church.

I am not a lawyer, but as I read and understand it, the Constitution is very clear about its provisions. It is clear that Art. II, Sec. 6 provides: “The separation of Church and State shall be inviolable”.

It is also clear that the State-Church constitutional provision specifically directs government or the state to do something for the church, such as:

Allowing the assignment of priests, preachers, ministers or dignitaries to “the armed forces, or to any penal institution, or government orphanage or leprosarium” (Art. VI, Sec. 29.2).

Providing for tax exemption of religious institutions and their property “used for religious, charitable, or educational purposes” (Art. VI, Sec. 28.3).

Allowing without additional cost to the government, optional religious instruction in public elementary and high schools, subject to the expressed written consent of parents and guardians and to the designation of instructors approved by religious authorities of the religion to which the children belonged (Art. XIV, Sec. 3.3).

At the same time, the constitution prohibits government 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).

Teaching religion as mandatory in public schools (Art XIV, Sec 3[3]).

Using any “religious test” for the exercise of any civil or political rights (Art III, Sec 5)

Registering as political party any religious denominations or sects (Art IX, Part C, Section 2[5]).

Establishing government’s own religion (Art III, Sec 5)

Prohibiting the free exercise of any religion (Art III, Sec 5)

Giving or showing any preference to or discrimination against any religion (Art III, Sec 5)

Apparently, all these provisions are addressed to the state, not the church.

There’s no provision that church people are prohibited to participate in the life of the government by speaking for or against the government.

The reason is clear: Church people are basically citizens of the country, and they are free to exercise their freedom of speech.

In the Catholic Church, we also follow the Canon law. 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.

Canon Law, however, does not prevent the clergy from educating 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 said that a Christian who neglects his duties as a citizen and political actor on earth neglects his duties toward the neighbor, and thus, puts his heavenly citizenship at risk.

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Author’s email: [email protected]

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