Thomas wrote:The First Amendment doesn't have a separation clause. It has a non-establishment clause.
That is correct. I misstated that.
Quote: The claim that non-establishment necessarily requires a strict separation of church and state is a 20th century interpretation by the Supreme Court.
This is false. Jefferson first used the expression "wall of separation" in the early nineteenth century. Andrew Jackson referred to it again within twenty years when he refused to declare a national day of thanksgiving. It has been mentioned again and again in the two hundred years since Jefferson first articulated the concept and coined the phrase. It is, of course, perfectly reasonable to point out my mistake in saying separation clause rather than no establishment clause. It is equally correct for me to point out that as far as the historical origin of the concept of a wall of separation between church and state is concerned, you don't know what you're talking about.
Quote:Two or three sitting Supreme Court justices disagree with this interpretation. (The uncertain one being Roberts.)
In fact, the court as currently constituted has only ever reviewed animal sacrifice as a part of religious practice in
Church of Lukumi Babalu Avenue, Inc. versus Hialeah--finding that it were unconstitutional for the city to ban the killing of animals in a Santarian ceremony when it allowed sport killing and hunting for food. In saying as much i'm being generous in ignoring that neither Mr. Justice Breyer nor Mr. Justice Roberts were members of the court at the time of that decision. In fact, the court as currently constituted has not reviewed any case concerning the issue of separation of church and state: neither the no establishment clause, nor the free exercise clause. Your statment is completely fallacious.
Quote:What you are confidently stating as a fact is actually the opinion of a transient majority of nine judges. In the future, different majorities may well change the Supreme Court's mind.
What you are confidently stating is completely devoid of historical context. I refer you to
McCollum versus Board of Education, District 71, 1948; to
Burstyn versus Wilson, 1952; to
Torcaso versus Watkins, 1961; to
Engel versus Vitale, 1962; to
Abington School District verus Schempp, 1963; to
Murray versus Curlett, 1963; to
Epperson versus Arkansas, 1968; to
Lemon versus Kurtzman, 1971; to
Stone versus Graham, 1980; to
Wallace versus Jaffree, 1985; to
Edwards versus Aquillard, 1987; to
Allegheny County versus the American Civil Liberties Union, 1989; to
Lee versus Weisman, 1992; to
Church of Lukumi Babalu Aveneu, Inc. versus Hialeah, 1993.
It appears that you confidently set out to create an impression that the Supremes have hardly visited this subject and that these are positions which can be overturned on the whim of a few members of the court as currently constituted. But this is completely false. I have only referred to cases reviewed by the Supremes--there is a huge body of case law which derived from the decisions of lower courts of the Federal system, as well as those derived from state court systems. The court as currently constituted would have to revisit and overturn literally dozens upon dozens of Surpreme Court and lower Federal Court decisions, as well as state appellate and Surpreme Court decisions, to reverse the judicial trend to confirm the separation of church and state in the United States. A poor effort altogether on your part.