- Moderator
- #41
Technically, they aren't wrong. The Constitution does not prohibit the States from establishing State religion. The Founders all recognized it. It's the caselaw that interprets the 14th amendment that outlaws it.
Actually, youre wrong, you must have missed the cited case law in the OP:
Later we decided Everson v. Board of Education, 330 U.S. 1, at pages 15 and 16, 67 S.Ct. 504, at page 511, and said this:
'The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between church and State."
Roy R. TORCASO, Appellant, v. Clayton K. WATKINS, Clerk of the Circuit Court for Montgomery County, Maryland. | Supreme Court | LII / Legal Information Institute
So Im wrong about the caselaw prohibiting the States from establishing religion because you cite caselaw saying exactly what I said.
Do you bother reading what anyone writes?