At issue, I think is the interpretation of Amendment I of the Constitution which states
Here is a document, FIRST AMENDMENT RELIGION AND EXPRESSION from the US government's Constitutional information web site which provides more detail on this issue.Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
It is interesting to note that the Court had no dissent on this point.Not until the Supreme Court held the religion clauses applicable to the states in the 1940s did it have much opportunity to interpret them. But it quickly gave them a broad construction. In Everson v. Board of Education, the Court, without dissent on this point, declared that the Establishment Clause forbids not only practices that ‘‘aid one religion’’ or ‘‘prefer one religion over another,’’ but also those that ‘‘aid all religions.’’
Questions for debate:In 1802, President Jefferson wrote a letter to a group of Baptists in Danbury, Connecticut, in which he declared that it was the purpose of the First Amendment to build ‘‘a wall of separation between Church and State.’’ In Reynolds v. United States, 18 Chief Justice Waite for the Court characterized the phrase as ‘‘almost an authoritative declaration of the scope and effect of the amendment.’’ In its first encounters with religion-based challenges to state programs, the Court looked to Jefferson’s metaphor for substantial guidance.
- Have the constitutional experts been misleading us all along and the separation of Church and State is not supported by the US constitution?
- Is separation of Church and State a good thing? Should modern states establish religion? Should modern religious organizations exercise political power?