William O. Douglas Quotes


The First Amendment...does not say that in every respect there shall be a separation of Church and State....Otherwise the state and religion would be aliens to each other - hostile, suspicious, and even unfriendly....The state may not establish a 'religion of secularism' in the sense of affirmatively opposing or showing hostility to religion, thus preferring those who believe in no religion over those who do believe.


Citations

Douglas, William O. Majority opinion. Zorach v. Clauson, 343 U.S. 306, Supreme Court of the US, 28 Apr. 1952, pp. 312-314.

Related Quotes

This quotation is one of the first to make the critical observation that the only time that tolerance of a religion is necessary is when there is an established church and others that deviate from it. If there is no established church, as the Founding Fathers envisioned, there is no preeminent church to do the tolerating. All are equal. In practice, Protestant churches were proportionately dominant in early America and up through the 20th century. So most of the issue of tolerance problems in America were cultural. And there is still a minority of Christians who believe that America should be a Christian country and other religions should be “tolerated.” However, Clinton and most of the founders did not want to see even general Christianity established as the national religion even they it was the majority religion.


This is a critical quotation on the government establishment of religion issue. There are a few people who have argued over the years that the Founding Fathers and their culture was religious and where they were careful to avoid favoring one religion over another, they did NOT intend to put atheism on the same equal plane as religion as far as government action is concerned. However, some of the Founding Fathers were atheists, and some others like John Adams were deists—they believed in a God but not in the Trinity or in Judaism or any organized religion. So this quotation makes it clear that the First Amendment does NOT favor religion over non religion or secularism. Atheism must be on an equal footing but not on a higher plane.


Opponents of the strict separation of church and state use this quotation to support their view. However, Story herein describes public sentiment, not what was passed and ratified in the Constitution and Bill of Rights. See {614309} and {614310} for his statements from the same work that show that there was no question in his mind but that church and state are separated by the Constitution and the First Amendment.


William O. Douglas
William O. Douglas
  • Born: October 16, 1898
  • Died: January 19, 1980
  • Nationality: American
  • Profession: Judge

William Orville Douglas was an American jurist and politician who served as an associate justice of the Supreme Court of the United States. Nominated by President Franklin D. Roosevelt, Douglas was confirmed at the age of 40, one of the youngest justices appointed to the court. His term, lasting 36 years and 211 days (1939–75), is the longest in the history of the Supreme Court. In 1975, Time magazine called Douglas "the most doctrinaire and committed civil libertarian ever to sit on the court."