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Charlie Kirk Claims No Separation of Church and State Exists in the Constitution Despite First Amendment

Categories: Liberal Opinions
July 7, 2022

Charlie Kirk sparked controversy by claiming that separation of church and state is a fabrication invented by secular humanists and doesn't exist in the Constitution. Kirk argued that the concept is derived only from a Thomas Jefferson letter to the Danbury Baptist Convention and that the founders wanted church and state mixed together. This claim contradicts the First Amendment's Establishment Clause, which states Congress shall make no law respecting an establishment of religion, as well as landmark Supreme Court rulings in Cantwell v. Connecticut and Everson v. Board of Education that established free exercise and separation of church and state as constitutional protections. Kirk's assertions ignore the historical context of religious liberty as a foundational principle of American democracy and the framers' deliberate choice to prohibit religious tests for officeholders.

Kirk's Core Argument Against Separation of Church and State

Charlie Kirk made the claim that separation of church and state is entirely fabricated. According to Kirk, this concept is not found in the Constitution and was invented by secular humanists. He stated that the idea is derived solely from a single letter Thomas Jefferson wrote to the Danbury Baptist Convention, and argued that the founding fathers actually believed church and state should be mixed together. Kirk even claimed that the founders established a church in Congress.

Kirk made these statements while discussing what he characterized as the Biden administration allegedly giving government grants to countries that support atheism. He compared this supposed effort to missionaries in the 1400s, suggesting that the administration is spreading what he called despotic nihilistic atheism and humanism to religious countries in South and Central America.

What the Constitution Actually Says

The First Amendment to the United States Constitution explicitly states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This language clearly prohibits the government from establishing an official religion or favoring one religion over another.

The framers of the Constitution signaled their commitment to religious freedom even before the Bill of Rights by refusing to require officeholders to meet a religious test. This meant that public officials were not required to subscribe to certain religious beliefs or even to believe in God at all, which was a departure from European traditions.

Historical Context of Religious Liberty

For the revolutionaries who founded America, political liberty was meaningless without religious liberty. Disestablishment and the separation of church and state were considered necessary to guarantee freedom of the soul, which they viewed as the most precious of all liberties.

The Virginia Statute for Religious Freedom in 1786 made clear that the state would not support any churches or Christianity more generally. Thomas Jefferson, who was a proud author of this law, argued that religion must be protected from the state and the state from religion because religious freedom was essential to mankind's happiness and well-being. Jefferson believed that true religion could spread only by reason and persuasion, never by governmental edict. He famously described the First Amendment as building a wall of separation between church and state.

Supreme Court Confirmation

Two landmark Supreme Court cases established the constitutional foundation for religious liberty and separation of church and state. In Cantwell v. Connecticut and Everson v. Board of Education, the Supreme Court established free exercise and separation of church and state, respectively, as part of the liberty protected by the 14th Amendment's guarantee of due process of law.

By incorporating these protections into the due process clause, the Court ensured that both state and federal governments were restrained from violating religious liberty. The justices recognized these freedoms, like other First Amendment rights, as essential to the democratic process. Without the liberty to discuss, believe, and act according to one's conscience, Americans could not participate effectively in governing themselves.

Implications of Kirk's Position

Kirk's argument that there should be no separation of church and state raises questions about religious freedom for Americans of all faiths and none. If the government were to establish or favor one religion, as Kirk seems to suggest the founders intended, this would potentially impose one religious tradition on everyone, including those of different faiths or no faith at all.

This position appears to contradict the constitutional protections that have allowed religious pluralism to flourish in America and that have prevented the religious conflicts that plagued Europe for centuries.

The West Point Controversy

Kirk has previously stated that he applied to West Point but was waitlisted and eventually lost his spot to what he described as a far less qualified applicant of a different gender and persuasion. When confronted about this claim at an event, Kirk initially denied making such a statement, calling it fake news. However, video evidence shows him making exactly that claim, stating he knew the test scores and qualifications and felt he got the short end of the stick.

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Video Transcript

[00:00] There is no separation of church and state.

[00:01] It's a fabrication, it's a fiction, it's not in the constitution,

[00:05] it's made up by secular humanists.

[00:07] That was Charlie Kirk showing off why that big brain of his didn't get

[00:11] accepted into West Point.

[00:13] Maybe they rejected him because he doesn't understand what the constitution says.

[00:18] Maybe didn't even take a single moment to read about it.

[00:22] But let's watch more of that video in context and

[00:24] see if there's any redeeming argument that he makes there.

[00:28] >> Well, it's so sick because South American and

[00:31] Central American countries are actually very religious and very catholic.

[00:35] So they're going into religious countries with almost missionary

[00:40] fervor to go and try to make these countries less religious.

[00:45] And again, there is no separation of church and state.

[00:48] It's a fabrication, it's a fiction, it's not in the constitution,

[00:50] it's made up by secular humanists.

[00:52] It's derived from a single letter that Thomas Jefferson wrote to the Danbury

[00:55] baptist convention.

[00:56] Of course, we should have church and state mixed together.

[00:58] Our founding fathers believed in that we can go through the details of that.

[01:01] They established, literally a church in Congress.

[01:05] Anyway, separate issue.

[01:06] The point though is that this is acting like a religion, though, isn't it?

[01:10] If there, if we live by their own false premise of separation of church and state,

[01:15] then why on Earth and how on earth would,

[01:18] why would they want to go bring this belief to other countries.

[01:21] I mean, they're almost kind of as if it was the 1400 and they're sending

[01:26] missionaries to the new world filled with despotic nihilistic Atheism and

[01:30] Humanism and what's the thought process behind this.

[01:34] >> So what is Charlie Kirk talking about there?

[01:37] Well get back to what the constitution says in just a moment.

[01:40] Just ripping a page out of Lauren Barbar book, I guess Lauren Barber getting

[01:45] dunked on relentlessly didn't discourage Charlie Kirk for making that stupid point.

[01:51] But before we get to that, what he's referring to is this insane idea that

[01:58] the Biden administration is giving government grants

[02:03] to countries that support Atheism, that push for Atheism.

[02:08] There is no evidence to that.

[02:10] Looked into the story,

[02:12] the only publication I saw covering it was of course Fox News.

[02:18] And there was nothing, not a shred of evidence indicating

[02:23] that the Biden, the biden administration,

[02:26] Biden can't get up from his nap to defend women's reproductive rights.

[02:33] You really think Biden's gonna spend his time like traveling to other countries

[02:38] like yo buddy, I'm gonna give you some funds if you push Atheism in your country.

[02:43] What!

[02:44] What!

[02:44] I will tell you though, Right Wing Evangelicals from America love

[02:50] to visit other countries and push for legislation that supports

[02:55] murdering people who don't have lifestyles, they agree with.

[03:01] Yeah.

[03:01] Happened in Uganda back in 2012 when Right Wing Evangelicals who are part of the so

[03:07] called family, the group that hosts the prayer breakfast,

[03:11] the National Prayer Breakfast every year would go to african countries and

[03:16] push for the death penalty.

[03:18] Meaning execution for gay people.

[03:22] They almost got that passed, but there was enough international backlash that they

[03:26] backed off, but there are still penalties for gay people in Uganda.

[03:30] Thanks to Evangelicals who of course Charlie Kirk likes to rub elbows with.

[03:39] So if you wanna have that conversation, we can have that conversation.

[03:42] But I'm guessing Charlie Kirk might need a minute or

[03:45] two to just read something before we engage in that.

[03:48] Get on my level, Charlie, there's a reason why West Point rejected you,

[03:53] you're lazy, you're tired.

[03:57] And you just regurgitate talking points that you've heard from literally

[04:00] the biggest lunatics in Congress.

[04:03] But look, I'm just name calling here and when your name call,

[04:06] you automatically lose right, you automatically lose the argument.

[04:09] So let me come with the receipts because this person who for

[04:13] some reason can't stop twitching his face is like a twitch fest.

[04:19] What's going on over here?

[04:20] What are you on?

[04:22] Maybe get off, maybe read something and then come back on your show and and

[04:26] then maybe you can tell us what the constitution actually says.

[04:30] But if that's too much work for you, Charlie, I can do that for you here.

[04:35] Obviously, there is a separation of church and state.

[04:38] Obviously, that is what the founders of this country wanted.

[04:43] Let me give you some more evidence,

[04:45] I can't believe I have to do this as if we're in a second grade history lesso.

[04:51] For the revolutionaries, political liberty was meaningless without

[04:55] religious liberty and disestablishment, the separation of church and state

[05:01] was necessary to guarantee freedom of the soul, the most precious of all liberties.

[05:06] Even before the Bill of Rights prohibited a state church,

[05:11] the framers of the constitution had signaled their radical break with

[05:16] the past by refusing to require officeholders to meet a religious test

[05:21] that is to subscribe to certain religious beliefs or even to believe at all.

[05:28] Seems counter to what Charlie Kirk said there, weird.

[05:33] So do I believe what our history says, what our constitution says?

[05:38] Or do I believe some weird face twitching guy on some random show who's telling

[05:43] me that there was never a separation of church and state in this country?

[05:48] I don't know, you guys get to decide who's more credible.

[05:52] The Virginia statute for religious freedom in 1786 made clear that the state would

[05:57] not support any churches or Christianity more generally, much less one faith.

[06:02] Thomas Jefferson, proud author of the law, argued that religion must be

[06:07] protected from the state and the state from religion because it was so

[06:11] essential to mankind's happiness and well being.

[06:14] True religion could spread only by reason and

[06:18] persuasion never by governmental edict.

[06:22] The First Amendment Jefferson believed, enshrined this principle by

[06:26] building a wall of separation between church and state.

[06:30] First Amendment fascinating.

[06:32] So what exactly does the First Amendment say?

[06:36] What does it say, Charlie.

[06:38] Let me give you a little reminder.

[06:39] Or maybe you'll hear this for the first time,

[06:41] because maybe you haven't read the constitution.

[06:44] Congress shall make no law respecting an establishment of religion, or

[06:49] prohibiting the free exercise thereof.

[06:53] Congress shall make no law respecting an establishment of religion,

[06:59] or prohibiting the free exercise thereof.

[07:04] So, the government deciding that one

[07:08] religion should rule the land is not

[07:13] something that the founders believed in.

[07:18] They didn't think that that was something that you would have in

[07:23] a society that is free, a society that celebrates liberty.

[07:29] And I'm curious, so, in Charlie's mind, what would happen?

[07:33] Okay, he's evangelical.

[07:34] He identifies as evangelical.

[07:36] So is he saying that as an evangelical, the government should

[07:41] force his religion on everyone else, including Jewish people by the way.

[07:47] What does Ben Shapiro think about that?

[07:50] Hey, Ben, you live in America, no separation of church and

[07:53] state according to your buddy Charlie Kirk.

[07:56] So take the Yamaka off.

[07:57] Not allowed, not allowed,

[07:59] Charlie gets to decide which religion all of us have to follow.

[08:05] Charlie gets to use his religion to dictate our lives in a country that's

[08:09] supposed to be free.

[08:13] All of this also was confirmed by the Supreme Court in multiple cases, okay, so

[08:17] two landmark Supreme Court cases, Cantwell V Connecticut and Everson, V Board

[08:22] of Education established free exercise and separation of church and state.

[08:26] I know it's a little weird because right now we have a Supreme Court that's not

[08:31] interested in interpreting the constitution,

[08:34] they're much more interested in Right Wing activism in the nation's highest court.

[08:39] But the original idea around the Supreme Court was that they would protect

[08:44] our constitutional rights.

[08:46] And that is what they did in these two very specific Supreme Court

[08:50] rulings establishing free exercise and separation of church and state,

[08:55] respectively, as part of the liberty protected by the 14th Amendment's

[08:59] guarantee of due process of law.

[09:02] By incorporating them into the due process clause, The court allowed for

[09:06] these protections to restrain both state and federal governments.

[09:11] For the justices, these freedoms,

[09:13] like other First Amendment rights were essential to the democratic

[09:18] process without the liberty to discuss right believe and

[09:21] act Americans could not participate effectively in governing themselves.

[09:28] So, listen, you guys can decide for

[09:30] yourselves who's telling you the truth, who's right, who's wrong?

[09:36] You've got Charlie Kirk, who provides no receipts, and just spouts nonsense

[09:40] about how there was never a separation of church or state, church and state.

[09:45] Or you can believe the argument I'm making not because I'm pulling things out

[09:50] of my ass like Charlie does.

[09:52] But because I'm quoting the constitution, giving you a little bit of that history

[09:57] American history, which Right Wingers wanna prevent kids from learning in our

[10:02] schools by burning books and censoring certain curriculum they don't like.

[10:06] But if I still haven't made my case If I'm not persuasive enough,

[10:11] let us remember Charlie Kirk getting confronted by someone who was

[10:16] curious about why Charlie Kirk was really rejected from West Point.

[10:22] So let's go to that confrontation.

[10:26] >> My questions for Charlie.

[10:27] Charlie, I wanted to ask you about you trying to get into West Point.

[10:34] You said that you applied to West Point, but

[10:39] they gave your place to an applicant of a different gender and persuasion.

[10:45] I know the test scores and I knew the qualification, you was less qualified.

[10:49] So my question is, if they were a different gender,

[10:51] do you know what gender they were?

[10:53] >> I never said that, that's fake news.

[10:55] Thanks for being here tonight.

[10:59] >> It's fake news.

[11:00] I mean, it's super unfair to accuse Charlie of saying something that he didn't

[11:04] actually say.

[11:06] But did he say it?

[11:08] I don't know. Let's take a look.

[11:10] >> Unfortunately I was wait listed and

[11:13] things kind of started to get a little bit odd and I eventually lost my spot

[11:18] out to what I felt was a far less qualified applicant in my district.

[11:23] That was of a different gender and a different persuasion,

[11:26] you could take it any way you want.

[11:27] But I knew the test scores,

[11:29] I knew the qualification I was kind of got the short and of the stick.

[11:34] >> Looks like Charlie Kirk's a bit of a liar.

[11:38] Looks like Charlie Kirk can't be bothered to read the United States constitution.

[11:42] Looks like Charlie Kirk, not only a reject for West Point,

[11:45] an embarrassment for the American people, doesn't love the country,

[11:48] doesn't understand the country, doesn't know a damn thing about the country.

[11:52] Sit down and shut up Charlie.

[11:55] No one buys your BS.

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