A Publication of Separation of Church and State Law Ministry
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Copyright © February 28, 2018
The Baptists fought on. They took their case to the courts. Attleboro, Massachusetts assessed a religious tax on everyone. Some members of a Baptist church in Attleboro refused to file a certificate and refused to pay the tax. The property of some was sold to pay the tax. Elijah Balkcom, after being arrested, paid the tax under protest, and then sued to test the constitutionality of Article Three. They won an initial victory in county court.
However, the case was overturned two years later on appeal of the favorable trial court decision in the case of Cutter v. Frost. Cutter also held that only incorporated religious societies were entitled to legal recognition. Since most, if not all, of the Baptist churches in Massachusetts were unincorporated, they were not qualified for exemption.  A lawyer advised Mr. Backus and the grievance committee to file the certificates, pay their taxes, and sue if the parish treasurer refused to turn the money over to their own pastor. The committee voted to follow this advice, Mr. Backus casting the lone negative vote. This was a reversal of the 1773 stand against giving of the certificates. “The spirit of the times did not call for martyrdom and fanaticism. The other members of the committee were more interested in improving the status and respectability of their denomination.”
As a result, three cases were brought in three different courts and the Baptists prevailed at trial court and on appeal. In other cases over the years, much time and expense was expended to get tax money earmarked for Baptist ministers. One case required fourteen lawsuits before the town treasurer yielded the taxes. In some towns, when it was shown the Baptists would sue, the “Standing Order” ceased to argue the matter.
Mr. Backus, being disappointed with his twelve-year battle against certificates, turned his zeal to other outlets—to fighting the threat to Baptist doctrines.
As new Baptist churches continued to be constituted, and the number of Baptists continued to increase, the persecution continued in Connecticut. In 1784, Connecticut made a new law continuing the support of established ministers by taxation. However, another act exempted all persons from that tax who filed a certificate to the effect that they regularly attended and supported worship services in any type of gospel ministry. Mr. Backus said of this act, “[I]s not this a mark of the beast? … Blood hath ever followed the support of worship by the sword of the magistrate…. And how can any man keep himself unspotted from the world, if he forces the world to support his worship?”
Then, in May of 1791, Connecticut passed an addition to the ineffectual law of 1784 which held that “no certificate could be legal, until it was approbated by two justices of the peace, or only by one, if there was no more in the town where the dissenter lived,” and that such certificate was ineffective as to taxes granted before the certificate was lodged. However, after a remonstrance and petition were presented, the law was repealed in October 1791 and another law made to allow every man to give in his own certificate, if he dissented from the ruling sect.
The quest for religious freedom in Connecticut continued until 1818 when state support was withdrawn from the Congregationalist Church.
 William G. McLoughlin, Isaac Backus and the American Piestic Tradition (Boston: Little, Brown and Company, 1967), p p. 160-161; see Backus’ reaction to the decision in the Balkcom case in McLoughlin, William G., Editor. Isaac Backus on Church, State, and Calvinism, Pamphlets, 1754-1789. Cambridge, Massachusetts: The Belknap Press of Harvard University Press, 1968, “A Door Opened for Christian Liberty,” pp. 428-438.
 Ibid., pp. 163-164.
 Ibid., pp. 164-165.
 Isaac Backus, A History of New England With Particular Reference to the Denomination of Christians called Baptists, Volume 2 (Eugene, Oregon: Wipf & Stock Publishers, Previously published by Backus Historical Society, 1871), pp. 320-321.
 Ibid., p. 345.
 William H. Marnell, The First Amendment: Religious Freedom in America from Colonial Days to the School Prayer Controversy (Garden City, New York: Doubleday & Company, Inc., 1964), p. 114.