Diplomatic Relations Between the United States and the Holy See: Another Brick from the Wall

Valparaiso University Law Review, May 2011

By Mark Thomas Van Der Molen, Published on 05/29/11

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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: - Thi s Notes is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at . 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). 198 VALPARAISO 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)


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Mark Thomas Van Der Molen. Diplomatic Relations Between the United States and the Holy See: Another Brick from the Wall, Valparaiso University Law Review, 2011, Volume 19, Issue 1,