By The Rev. Charles A. Fredrickson, ELCA
As a pastor, a member of Americans United for Separation of Church and State’s San Antonio Chapter, and a resident of Texas, I was dismayed to hear Texas Lt. Gov. Dan Patrick on June 26 claim that “separation of church and state is not in the Constitution” and urge public officials to stop invoking the principle when addressing potential violations of religious freedom law.
Patrick’s remarks, delivered in the Oval Office in his role as chairman of President Donald Trump’s Religious Liberty Commission, reflect a growing pattern among Christian Nationalist leaders who seek to delegitimize the constitutional framework that protects religious freedom for all Americans. His statement went further than past rhetoric by directly challenging public officials — local, state, and federal — to abandon the long-standing legal doctrine that prevents government from privileging religion or coercing religious practice.
What Dan Patrick gets wrong about the U.S. & Texas Constitutions
While Patrick is correct that the exact phrase “separation of church and state” does not appear verbatim in the U.S. Constitution, the principle is embedded in the First Amendment’s twin religion clauses: no establishment and free exercise. For more than 75 years, the U.S. Supreme Court has affirmed that these clauses work together to create a structural separation that protects religious liberty for everyone — not just the religious majority.
Moreover, as Patrick is an elected official in Texas, he is bound not only by the U.S. Constitution but also by the Texas Constitution, which contains some of the strongest church-state separation language in the country. Article I, Section 6 states:
- “No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent.”
- “No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion.”
- “No preference shall ever be given by law to any religious society or mode of worship.”
These provisions — along with Section 4’s prohibition on religious tests for public office and Section 5’s protection of witnesses regardless of religious belief — form a clear constitutional mandate: Texas may not compel religious participation, interfere with conscience, or prefer one faith over another.
Dan Patrick’s claim that public officials must now “prove” constitutional violations because “the phrase should have no power over people of all faiths ever again in America” is not only legally inaccurate — it is an attempt to chill the lawful responsibilities of public servants nationally and in the State of Texas who are obligated to uphold both federal and state constitutional protections.
Public officials must protect church-state separation
Americans United San Antonio Chapter calls on public officials at every level — school boards, city councils, county governments, and state agencies as well as federal offices — to continue enforcing constitutional boundaries between religion and government. Patrick’s remarks should not deter them from:
- Identifying and addressing violations of the Establishment Clause;
- Protecting students and families from religious coercion in public schools;
- Ensuring government programs do not discriminate or impose religious requirements;
- Upholding the rights of conscience for people of all faiths and none.
As AU’s Vice President for Public Policy Alessandro Terenzoni noted on the blog last week, the Religious Liberty Commission’s draft report has a myriad of deficiencies, including its lack of ideological diversity and its alignment with narrow Christian Nationalist policy goals. Patrick’s remarks underscore the urgency of monitoring the commission’s work and ensuring that “religious liberty” is not weaponized to undermine the very constitutional protections it claims to defend.
Americans urged to submit public comment by July 13
Americans United is encouraging everyone to submit public comments about the vital role church-state separation plays in protecting religious freedom by the commission’s July 13 deadline. AU has provided this online portal that makes commenting quick and easy.
Meanwhile, the Americans United’s San Antonio Chapter will continue to:
- Educate our communities about constitutional religious freedom;
- Expose efforts to distort or dismantle church–state separation.
Dan Patrick’s comments are not merely rhetorical — they are part of a coordinated strategy to erode federal and state constitutional safeguards and pressure public officials into abandoning their duties. Americans United San Antonio rejects this attempt to rewrite history and will continue defending the separation of church and state as the essential condition for genuine religious freedom.
The Rev. Charles A. Fredrickson is a pastor in the Evangelical Lutheran Church in America (ELCA) and a board member of AU’s San Antonio Chapter.
Photo: Religious Liberty Commission Chairman and Texas Lt. Gov. Dan Patrick (center) speaks alongside President Donald Trump and RLC members Dr. Ben Carson (left) and Dr. Phil McGraw during an event in the White House on June 26, 2026, in Washington, D.C. Photo credit: Anna Moneymaker/Getty Images
