Hate to point this out, but the Constitution restricts only the Federal Government from sticking it’s nose into religion. CONGRESS shall make no law. That is all of it.
States are free to trample on churches all they want to.
Most are smarter than to actually try though.
re: Hate to point this out, but the Constitution restricts only the Federal Government from sticking it’s nose into religion. CONGRESS shall make no law. That is all of it.
States are free to trample on churches all they want to.
Most are smarter than to actually try though.
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from the constitution of Maryland:
Art. 36.
That as it is the duty of every man to worship God in such manner as he thinks most acceptable to Him, all persons are equally entitled to protection in their religious liberty; wherefore, no person ought by any law to be molested in his person or estate, on account of his religious persuasion, or profession, or for his religious practice, unless, under the color of religion, he shall disturb the good order, peace or safety of the State, or shall infringe the laws of morality, or injure others in their natural, civil or religious rights; nor ought any person to be compelled to frequent, or maintain, or contribute, unless on contract, to maintain, any place of worship, or any ministry; nor shall any person, otherwise competent, be deemed incompetent as a witness, or juror, on account of his religious belief; provided, he believes in the existence of God, and that under His dispensation such person will be held morally accountable for his acts, and be rewarded or punished therefor either in this world or in the world to come.
Nothing shall prohibit or require the making reference to belief in, reliance upon, or invoking the aid of God or a Supreme Being in any governmental or public document, proceeding, activity, ceremony, school, institution, or place.
The Supreme Court's Everson v. Board of Education decision extended the establishment clause to the states in 1947. SCOTUS reasoned that the 14th amendment's "privileges and immunities" clause selectively incorporated Bill of Rights protections to the states (the "incorporation doctrine"). Selectively, meaning our robed tyrants can rule that Bill of Rights protections they agree with (e.g., the bastardized "wall of separation" their tortured reasoning teased out of the establishment clause) apply equally to the states and political subdivisions, while leaving intact the application of Bill of Rights protections the justices are less enthusiastic about to only the federal government ( e.g., 2nd amendment).