The Two Tables of the Law
Published in the May/June 2005 Magazine
by Alan J. Reinach
For centuries Protestants have found a convenient division between the
first and second tables of the ten-commandment law. Roger Williams,
the founder of Rhode Island, was the first American to associate two
concepts: the separation of church and state and the two tables of the
law. It was Williams, not Thomas Jefferson, who coined the phrase
about a hedge, or wall, separating the garden of the church from the
wilderness of the state.
Williams also conceived that the first four commandments, or the first
table of the law, addressed one's obligations to worship God, while
the last six commandments, the second table, addressed one's civil
obligations. The American Protestant concept of separation of church
and state was largely built on this distinction. Thus state law could
properly address moral issues such as adultery, stealing, and murder
because these were in the second table of the law.
However, Puritan era "first table" laws against blasphemy, idolatry,
and even Sunday laws fell into disfavor, not merely because of secular
trends, but because in the Protestant conception, these obligations
pertained not to the state but to God alone.
This division between the first and second tables of the law roughly
corresponds to the distinction between legislating religion and
morality. Under the First Amendment, the state has not jurisdiction to
address essentially religious questions, such as when, where, how, or
whom to worship. The first table of the law is out of bounds to the
state. However, the second table of the law has always been the
subject of civil law, despite the familiar adage that "you can't
legislate morality." Actually, you can, and we do. The debate is never
really about whether to legislate morality, but to what extent and
from what source.
Under the American constitutional system, the state has no charge to
order public morality according to the second table of the ten-
commandment law, but neither is the state compelled to reject the
second table. It is entirely legitimate for Americans to invoke the
commandments in public policy debate, so long as the distinction
between the first and second tables is observed. The Constitution does
not permit the state to arbitrate religious belief and practice or to
promote specific religious ideas. This means that the same Ten
Commandments that many Americans look to for the content of public
morality may be subject to constitutional restrictions when it comes
to state efforts to publicly display and honor them. Although many
view restricting the display of the commandments as official
disrespect, it is far better for government to maintain a strict
"hands-off" policy with respect to religion than to open a Pandora's
box of public promotion of religion.
____________
Alan J. Reinach serves as vice-president of the North American
Religious Liberty Association West, which has published "Written in
the Heart," a guide and poster regarding the Ten Commandments,
available at
www.religiousliberty.info.
http://www.libertymagazine.org/article/the-two-tables-of-the-law