It may come as a surprise to many, but the phrase, separation of church and state, appears nowhere in the U.S. Constitution. Even so, many Americans try and point to America’s founding documents when outraged by Nativity displays on courthouse lawns or the Bible or prayer in public school. 

There is good reason this phrase does not appear in the U.S. Constitution: our Founding Fathers never intended to remove all traces of religion in the public arena. The First Amendment is often invoked by the offended crowd, but it states:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; …”

James Madison, the chief architect of this amendment, expresses with clarity that our government has no right to either establish a national religion or prevent the free exercise of religion. It’s erroneous to postulate that our Founding Fathers wished to remove all semblance of our Creator in the public square when so many examples prove otherwise:

From The Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

And George Washington himself refers to the necessity of religion and morality as the basis for human flourishing, prosperity and peace of the nation: 

"Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them.’ - George Washington, Farewell Address, 1796.

And again, in the same farewell address: 

"Observe good faith and justice towards all nations; cultivate peace and harmony with all. Religion and morality enjoin this conduct; and can it be, that good policy does not equally enjoin it - It will be worthy of a free, enlightened, and at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and benevolence.” -George Washington, Farewell Address, 1796  (emphasis added by author)

Or consider the first suggestion by Benjamin Franklin for our National Motto: “Rebellion to tyrants is obedience to God”

The phrase so often used as a sword to remove God from public life actually originated in a letter from Thomas Jefferson to the Danbury Baptist Association in 1802.  Jefferson was expressing his ideas that religious beliefs should be private and that the government should not interfere in such matters.  He used the phrase, “building a wall of separation between church and state” in this correspondence. 

It wasn’t until the 1940s that the phrase “separation of church and state” came to light. Prior to that, the affirmation of God as man’s Creator and provider of our rights was generally understood by most Americans. Many children prayed at the beginning of the school day along with reciting the Pledge of Allegiance for example.

The idea of a thick separation between religion and the state was born from the landmark Supreme Court case, Everson v. Board of Education in 1947.  By a 5-4 decision, the Supreme Court declared, in essence, that the federal government must remain neutral and not hostile to religion.  But because Justice Hugo Black famously cited Thomas Jefferson’s phrase from his correspondence in 1802, 'separation of church and state’  began to take on new meaning in the United States.  

While debates continue around religious liberties in America, it is worth noting that all American courts are tasked with interpreting and upholding the U.S. Constitution, not redefining the original intent of its authors.