Another Look At The Establishment Of Atheism By The Supreme Court

Earlier I stated that Everson v. The Board of Education established Atheism as the State religion of the United States. That is so only because of how it was later handled by the Supreme Court. The later Justices seemed to agree more with the minority than the majority in the case.

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."

The majority used this case to outlaw the use of a generic form of the Christian religion as a state religion. They also state the government can not establish atheism instead. The minority opinion believed that the establishment of atheism was legal.

The opinion held previously to this case was that a generic version of the Constitution was legal and this is well known to be true. All the Constitution outlawed was setting up a specific denomination as the state religion like the Church of England.

From the Library of Congress I obtained the following cite about religion and the Congress of the Confederacy.

The Continental-Confederation Congress, a legislative body that governed the United States from 1774 to 1789, contained an extraordinary number of deeply religious men. The amount of energy that Congress invested in encouraging the practice of religion in the new nation exceeded that expended by any subsequent American national government. Although the Articles of Confederation did not officially authorize Congress to concern itself with religion, the citizenry did not object to such activities. This lack of objection suggests that both the legislators and the public considered it appropriate for the national government to promote a nondenominational, nonpolemical Christianity.

I find the correctly applied meaning of the establishment clause is oppressive to non-Christians and even to some Christians. Still I have no right to change accept for pushing for an Amendment to do so or legislation. In the court both the majority and the minority decisions were knowing unconstitutional. I say knowing because not only did the Justices have Supreme Court precedents available but they had the Library of Congress.