Diplomatic Relations Between the United States and the Holy See: Another Brick from the Wall
Valparaiso University Law Review
Diplomatic Relations Between the United States and the Holy See: Another Brick from the Wall
Symposium: Rights 0
Collective Bargaining 0
Mark Thom 0
as Van Der Molen 0
0 Mark Thom as Van Der Molen, Diplomatic Relations Between the United States and the Holy See: Another Brick fr om the Wall , 19 Val. U. L. Rev. 197 (1984). Available at:
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DIPLOMATIC RELATIONS BETWEEN
THE UNITED STATES THE HOLY SEE:
ANOTHER BRICK FROM THE WALL
INTRODUCTION
On January 10, 1984, President Reagan agreed to establish full
diplomatic relations between the United States and the Holy See.'
The Holy See is the government of the worldwide Catholic Church
and of the secular State of Vatican City.? Diplomatic relations with
the Holy See raise questions concerning a possible violation of the
First Amendment's establishment clause. The establishment clause
states that "Congress shall make no law respecting an establishment
of religion. . . ."' The establishment clause requires government
neutrality toward religion.4 Because the Holy See is the government
of the Catholic Church, it is necessary to analyze whether diplomatic
relations with the Holy See are non-neutral toward religion and thus
violate the establishment clause. Non-Catholic groups have already
opposed diplomatic relations with the Holy See at the executive and
legislative level, anticipating that an establishment clause challenge
1. The agreement to establish diplomatic relations was executed through a
confidential exchange of notes between the United States and the Holy See. Telephone
Interview with Mr. Smolik, Assistant to the President's Personal Representative to
the Holy See, (Feb. 27, 1984). See also 20 WEEKLY COMP. PRES. Doc. 22 (Jan. 10, 1984)
(President Reagan announced the nomination of William Wilson to be the first full
rank ambassador to the Holy See). The Senate confirmed Wilson's nomination by a
vote of 81 to 13. 130 CONG. REC. S 2390 (March 7, 1984). In November, 1983, The House
and Senate repealed an 1867 law which prohibited the funding of an embassy in Rome.
See 129 CONG. REC.S 16,367, H 10,429 (Nov. 18, 1988). Although both President Reagan's
initiative and the legislative action could be challenged separately as violative of the
establishment clause, this note's analysis is appropriate for both situations. The term
"Vatican" can refer to the Holy See, the Vatican palace, or Vatican City. This note
avoids using the confusing term "Vatican" and refers specifically to the Holy See or
the secular state Vatican City.
2. J. NEUVECELLE, THE VATICAN 8 (1955).
3. U.S. CONST. Amend. I.
4. Abington School District v. Schempp, 374 U.S. 203, 222 (1963). (Supreme
Court cases interpret the establishment clause as requiring government neutrality
toward religion). See also Note, Crowns and Crosses: The Problems of Politico-Religious
Visits As They Relate to the Establishment Clause of the First Amendment, 3 HARV.
J. LAW & PuB. POL. 227 (1980).
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UNIVERSITY LAW REVIEW
is likely to be non-justiciable.' However, these opponents continue to
argue that diplomatic relations with the Holy See violate the
establishment clause.6
Before determining whether the United States' diplomatic
relations with the Holy See violate the establishment clause, it is
necessary to understand the nature of the Holy See. First and
foremost, the Holy See exercises spiritual authority or sovereignty
over the worldwide Catholic Church.7 The spiritual sovereignty enables
the Holy See to enter into diplomatic relations with secular
governments Second, the Holy See exercises sovereignty over the
secular state of Vatican City.' Thus, the Holy See has the dual role
of exercising one sovereignty over both a world religion and a secular
state.
The Reagan administration emphasizes the dual role of the Holy
See in justifying diplomatic relations between the United States and
the Holy See. The United States government asserts that diplomatic
relations with the Holy See concern only the Holy See's role as the
authority of the secular Vatican City and therefore that diplomatic
relations cannot violate the establishment clause.0" However, this note
5. Diplomatic relations raise political questions that courts are not likely to
review. See infra note 139 and accompanying text. The National Association of
Evangelicals, the General Council of Seventh Day Adventists, the Southern Baptist
Convention, and Americans United for Separation of Church and State have all voiced
opposition to diplomatic relations between the United States and the Holy See.
CHICAGO TRIBUNE, Feb. 23, 1984, p. 14, sec. 1.
6. In September, 1984, a suit was filed in federal district court in (...truncated)