A win for separation of church and state

It should be a no-brainer. If the First Amendment means anything, it means public officials cannot use the power of the government to endorse one religion’s sacred text and promote that text in official settings. Obvious though this may be, it was a 5-to-4 ruling that preserved church-state separation today.

“The touchstone for our analysis is the principle that the First Amendment mandates government neutrality between religion and religion, and between religion and nonreligion,” Justice David H. Souter wrote for the majority.

“When the government acts with the ostensible and predominant purpose of advancing religion, it violates the central Establishment clause value of official religious neutrality,” he said.

“Neutrality” is such an easy concept to understand, but which the right consistently fails to appreciate. The government should not intervene in matters of faith, leaving these issues to people to decide on their own without aid or interference. The power of the state must protect the right of Americans to worship, but it must not be used to promote and endorse religion. It’s really not complicated.

The Ten Commandments have not been banned. We can and will continue to see the Decalogue throughout the public square, including in churches and people’s homes. But when it comes to public schools and courthouses, the government won’t be able to take sides in religious issues.

There is, however, another Ten Commandments ruling due today, which could help flesh out where the church-state line rests. I’ll have another post soon with more details.

I’m glad the Jefferson-Madison Wall of Separation survived one more assault, even if only by the barest of margins. If Bush/Cheney get so much as one SCOTUS appointment though, I fear we may be seeing the wrecking balls arriving.

The Greeks had an expression: “The owl of Minerva flies at twilight.” Basically, wisdom comes with change; more painfully, you start to realize what you’ve got just as you start to lose it. The Eagles put it this way: “Call some place paradise / Kiss it goodbye.”

Without that Wall we join all the other nutcase nations in history who’d rather beat up each other over illusions than work to make the world a better place.

  • Well, I guess they’ll have to renovate the Supreme Court Building itself, huh?
    I mean we can’t have all of those religious references all over that government building, now, so somebody better get after it before the collection of justices find their home in violoation of their own decision…

  • Well, I guess they’ll have to renovate the Supreme Court Building itself, huh?

    Harry, I’m afraid you’re confused. I debunked this argument a few months ago because it just isn’t true.

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