Why “Separation of Church and State” Was Never the American Way

In 1947, the U.S. Supreme Court decided a case that most Christians have never heard of—Everson v. Board of Education. Yet that ruling, more than any other, reshaped the place of Christianity in American public life. In fact, the very idea that our Constitution demands a strict “separation of church and state” was essentially invented by that decision. But what if this idea wasn’t true to America’s founding? And what if it ran counter to the biblical role of government itself?

A recent Harvard Law Journal article by Timon Cline, Josh Hammer, and Yoram Hazony—three voices from both Christian and Jewish traditions—argues that the time has come to overturn Everson and restore the original vision of the First Amendment. Christians seeking to understand the world through a biblical lens, should pay close attention.

Government’s Biblical Responsibility: Promoting the Public Good

Romans 13 tells us that civil authorities are ordained by God to uphold justice and punish evil. First Peter 2 commands rulers to “praise those who do good.” This biblical principle was historically recognized by Christian thinkers and undergirded America’s early political structure. The Founders never imagined a government stripped of moral and religious foundations. Instead, they understood—as Proverbs 14:34 puts it—that “righteousness exalts a nation.”

The Harvard Law Journal scholars point out that America’s original constitutional design reflected this reality: under the First Amendment, the federal government was prohibited from establishing a national church or interfering with religious establishments at the state level. In other words, individual states were expected to shape public morality—including support for Christianity—as they saw fit.

The Great Distortion: How Everson Rewrote the First Amendment

How, then, did “separation of church and state” become national dogma?

In Everson v. Board of Education (1947), Justice Hugo Black reinterpreted the Establishment Clause of the First Amendment using Thomas Jefferson’s offhand metaphor of a “wall of separation.” But Jefferson’s phrase came from a personal letter written 14 years after the Bill of Rights was ratified—and Jefferson wasn’t even in the country when the First Amendment was drafted.

This metaphor, the authors argue, was never meant to create a religiously neutral state. Yet Justice Black’s ruling applied this separationist vision to the states, effectively barring them from supporting religion in any public form. Ironically, the First Amendment’s clear limitation on federal power was transformed into a federal prohibition against state-level religious expression.

From a biblical worldview, this distortion matters deeply. Scripture never envisions the civil order as “neutral” toward the things of God. Rather, rulers are called to “kiss the Son” (Psalm 2:12)—to govern with justice that acknowledges God’s authority.

The Fruits of Everson: A Secular Public Square

What followed Everson is all too familiar. Prayer and Bible reading were banned from schools. Christian moral teachings were sidelined. Secularism—the active removal of religion from public life—became the assumed posture of government. As the legal scholars argue, this didn’t create neutrality; it created a functional state-sponsored religion of secularism.

Romans 1 describes what happens when a society “suppresses the truth” about God: moral confusion and cultural decay. We’ve witnessed this firsthand as public life—once broadly shaped by biblical norms—has become a vacuum filled by alternative ideologies.

A Forgotten American Principle: Local Freedom to Support Religion

One of the most insightful arguments from Cline, Hammer, and Hazony is that American federalism originally allowed each state to shape its religious character. States like Massachusetts, Connecticut, and New Hampshire maintained various forms of Christian establishment well into the 19th century. This wasn’t forced religion. Alongside these establishments, states protected freedom of conscience.

The genius of this system was local accountability. Each state, as a community, had the freedom to uphold religious practices appropriate to its people. This echoes the biblical principle of local leadership seen in Exodus 18, where Moses is told to appoint “capable men from all the people…to serve as officials” over groups at different levels.

What Christians Should Hope For

The Harvard Law Journal article calls for overturning Everson and returning decisions about public religion to the states. From a Christian worldview, this proposal aligns with key scriptural principles:

  • Civil rulers should promote the public good, including moral and religious formation.
  • Religious instruction should not be coerced but encouraged.
  • Parents and local communities should shape children’s moral education (Deuteronomy 6:6–7)1And these words that I command you today shall be on your heart. You shall teach them diligently to your children, and shall talk of them when you sit in your house, and when you walk by the way, and when you lie down, and when you rise..

Imagine a future where states once again have the freedom to support prayer in schools, Bible instruction, and moral formation—not by force, but by communal choice. Such a restoration would acknowledge the biblical truth that faith in God strengthens public virtue.

Caution: Supporting Truth Without Coercion

While we should hope for a return to public religion, Christians must remember that authentic faith cannot be imposed (2 Corinthians 4:2)2But we have renounced disgraceful, underhanded ways. We refuse to practice cunning or to tamper with God’s word, but by the open statement of the truth we would commend ourselves to everyone’s conscience in the sight of God.. Government should create conditions favorable to righteousness, but not attempt to compel belief. This balance—supporting religion while protecting conscience—was wisely preserved in many early American states. It’s a biblical balance worth recovering.

Conclusion: A Time for Restoration

In their closing words, Cline, Hammer, and Hazony argue that Everson has become “the principal obstacle to the restoration of a genuinely conservative public life.” From a biblical worldview, they’re right. Removing Everson would not guarantee national renewal, but it would remove a legal barrier that suppresses the public expression of biblical faith.

In the end, Scripture calls both individuals and nations to acknowledge the Lord. As Psalm 33:12 declares, “Blessed is the nation whose God is the Lord.”


We now live in a society where public policy denies basic realities:

  • That God created humans male and female (Genesis 1:27).3So God created man in his own image, in the image of God he created him; male and female he created them.
  • That marriage is designed to unite one man and one woman (Genesis 2:24).4Therefore a man shall leave his father and his mother and hold fast to his wife, and they shall become one flesh.
  • That children are a gift to be welcomed, not commodities to be engineered (Psalm 127:3).5Behold, children are a heritage from the Lord, the fruit of the womb a reward.
  • That human life, from conception to natural death, bears the image of God (Genesis 1:26).6Then God said, “Let us make man in our image, after our likeness. And let them have dominion over the fish of the sea and over the birds of the heavens and over the livestock and over all the earth and over every creeping thing that creeps on the earth.”

When a society suppresses these truths, it suppresses the very foundation of human dignity and moral order. Christians should not respond with apathy or with abstract appeals to “religious freedom” alone. We should desire what these scholars recommend: a restoration of public religion—not to coerce belief, but to witness to truth.

It is time for our laws, schools, and public institutions to once again affirm what creation itself teaches. This does not mean a return to coercive state churches. It means restoring the freedom of communities to encourage what is true, good, and life-giving—and removing federal barriers that prevent states from doing so.

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Solution: Make Parents Opt-IN to LGBTQ+ Content at School

This Tuesday’s Supreme Court Case:

In Mahmoud v. Taylor, a group of religious parents in Montgomery County, Maryland, are standing up for something pretty basic: the right to raise their children according to their faith. But the school district isn’t making that easy. It introduced storybooks and lessons about gender identity and sexuality to elementary school kidswithout even telling parents ahead of time, and without offering any way to opt out.

That’s a problem. These families aren’t trying to stir up trouble—they’re simply asking to be informed and allowed to make decisions that line up with their religious convictions. This is about the constitutional right of parents to direct the upbringing of their children, especially when it comes to moral and spiritual formation.

The parents point to Wisconsin v. Yoder, where the Supreme Court said Amish families had a right to pull their kids from school to preserve their religious way of life. The principle is the same here. Just like in Yoder, these parents aren’t trying to shut down education—they’re asking the state to respect their religious boundaries.

Even more, the school’s policy isn’t neutral. It selectively targets families of faith by refusing to accommodate them. That’s exactly the kind of government overreach the Supreme Court rejected in Church of the Lukumi Babalu Aye v. City of Hialeah. When the government targets religion—or refuses to treat religious people with equal dignity—it’s supposed to face the highest level of scrutiny. And this policy doesn’t come close to meeting that standard.

During the Supreme Court oral arguments in Mahmoud v. Taylor, it was revealed that Montgomery County Public Schools introduced concepts such as “preferred pronouns” and the idea that a child’s gender or sex is “assigned at birth” to young students, including those aged 4 to 6.

Eric Baxter, the attorney representing the parents, stated that the school district mandated instruction teaching that “doctors guessed at their sex when they were born” and that disagreeing with this notion is considered “hurtful and unfair.” 

Additionally, one of the books included in the curriculum, Born Ready: The True Story of a Boy Named Penelope, discusses a child’s experience with gender identity and pronoun preferences. 

The parents argue that such instruction conflicts with their religious beliefs and that they should have the right to opt their children out of these lessons..

Let’s be clear: these parents aren’t asking to ban books or rewrite the curriculum. They’re asking for a simple, commonsense solution—just give them a heads-up, and let them opt out when necessary. That’s not unreasonable. In fact, it’s the least the school could do to respect the diversity it claims to celebrate.

The Supreme Court heard oral arguments on April 22, 2025, and a decision is expected this summer. At stake is a principle as old as the Constitution: parents, not bureaucrats, have the right to shape their children’s moral and spiritual education. Let’s hope the Court gets it right.

But wait! I’ve got a simpler solution: OPT-IN

Before any of these controversial LGBTQ ‘lessons’ are taught: Make Parents Opt Their Kids IN to LGBTQ++ content. Then for those who do, you can have a special time for their instruction. The problem, of course, is a lot of this controversial content has been smuggled into math, science, reading & writing curriculum. That needs to stop.

Hopefully, the Supreme Court will side with the parents here, but it’s hard to say how the justices will ultimately rule. Still, it really shouldn’t even come down to a court case. Parents shouldn’t have to jump through hoops to opt their kids out of content they find inappropriate—especially when it comes to sensitive, sexual, or ideological material. Honestly, a lot of this content shouldn’t be in schools to begin with.

If schools are going to insist on including materials about gender identity, preferred pronouns, and LGBTQ themes—especially for very young kids—then it should be an OPT-IN system, not opt-out. In other words, parents who want their children to engage with that kind of material should be the ones who take action, not the other way around. Most parents, especially those with preschoolers or children with special needs (like the ones in this case), aren’t okay with their kids being exposed to content that doesn’t match their age or their family’s beliefs.

And let’s be honest—if schools did switch to an opt-in model, you’d probably find that very few parents would sign their kids up for this. That would calm down the outrage and allow the handful of families who do want that kind of instruction to have it—maybe in a separate elective or even as an after-school program.

Better yet, make it a rule that anytime a teacher or librarian wants to introduce content dealing with sex, gender, or identity, they have to get direct, written permission from parents first. Put the responsibility where it belongs: on the schools and educators. Let them explain exactly what’s being taught and why they think it’s helpful. That’s the kind of transparency parents deserve.

If you agree with this OPT-IN Solution, please share this post with others. Thanks.

A Longer Term Solution is Universal School Choice

As of April 2025, 14 U.S. states have enacted universal school choice programs, allowing all or nearly all K–12 students to access public funds for private education expenses, including tuition, homeschooling, and other approved costs. Here’s an overview of these states and their programs:

States with Universal School Choice Programs

  1. Arizona
    Pioneered universal school choice in 2022 with its Empowerment Scholarship Account (ESA) program, offering funds to all students regardless of income or background.
  2. Florida
    Expanded its Family Empowerment Scholarship in 2023 to include universal eligibility, allowing all students to apply for private school funding.
  3. West Virginia
    Implemented the Hope Scholarship Program in 2021, providing ESAs to all students, making it one of the earliest adopters of universal school choice.
  4. Iowa
    Launched the Students First Act in 2023, establishing ESAs for all students to attend private schools.
  5. Arkansas
    Passed the LEARNS Act in 2023, creating a universal ESA program for students statewide.
  6. Utah
    Enacted H.B. 215 in 2023, establishing a universal ESA program open to all students, regardless of income or disability status.
  7. Indiana
    Expanded its Choice Scholarship Program in 2023 to remove income limits, effectively making it a universal voucher program.
  8. North Carolina
    Approved legislation in 2023 to make its Opportunity Scholarship Program universally available to all K–12 students.
  9. Ohio
    Expanded its EdChoice Scholarship Program in 2023 to allow all students to apply, regardless of income or school performance.
  10. Oklahoma
    Implemented the Oklahoma Parental Choice Tax Credit in 2023, providing universal access to private school funding through tax credits.
  11. South Carolina
    Passed legislation in 2023 to establish a universal ESA program, offering funds to all students for private education expenses.
  12. Tennessee
    In January 2025, enacted the Education Freedom Act, creating a universal ESA program that provides families with $7,000 per student for tuition and other educational expenses.
  13. Idaho
    In early 2025, approved the Idaho Parental Tax Credit, offering families up to $5,000 per child for private educational expenses, marking the state’s first private school choice program.
  14. Wyoming
    Passed the Wyoming Freedom Scholarship Act in 2025, establishing a universal ESA program providing families with $7,000 per student for education-related expenses.

States with Recent or Pending Universal School Choice Legislation

  • Texas
    In April 2025, Texas lawmakers approved a $1 billion education bill establishing a private school voucher program, allowing families to use public funds for private school tuition, homeschooling, or virtual learning. The program is expected to serve up to 90,000 students in its first year, with potential expansion in the future.  
  • New Hampshire
    Legislation is advancing to remove income limits from the state’s Education Freedom Account program, potentially making it universally accessible.  
  • Missouri
    House Bill 711, proposing a voluntary open enrollment program and universal ESA eligibility, has passed the House and is under consideration in the Senate.  

These developments reflect a significant shift in education policy, with a growing number of states embracing universal school choice to provide families with more educational options.

At a minimum parents need to require local schools and school boards to support OPT-IN before any LGBTQ+ content is presented. Parents can then choose what they prefer for their young kids.

[Sources: Becket Legal Defense Fund & Supreme Court Oral Arguments]

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Parents: Take Charge!

Virginia School District Pays $575K Settlement for Firing Teacher Over Refusal to Use Transgender Pronouns

A Win for Religious Freedom.

A Virginia school district has agreed to pay $575,000 to settle a lawsuit filed by Peter Vlaming, a former teacher fired for refusing to use a transgender student’s preferred pronouns on religious grounds. The settlement includes damages, attorney fees, and the removal of Vlaming’s dismissal from his record. Vlaming’s legal team argued that the firing violated his First Amendment rights. The case highlights tensions between religious freedom and policies on gender identity in schools.

Details.

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Embrace, Don’t Affirm