MSimon wrote:But it does me no injury for my neighbor to say there are twenty gods or no God. It neither picks my pocket nor breaks my leg. -Thomas Jefferson
Of course Jefferson wanted a Wall of Separation between Church and State. An idea not too popular in his time.
All of the Federalists realized that it would be impossible to form a unified nation if the religious issue was not finessed. Jefferson was not alone in this notion. Back in those days, people took religion quite seriously, and had it become a point of contention the constitutional convention would have fallen apart.
This is not to say that the words meant then what they mean now. The possibility that the US would ever have a different religion than some variation of Christianity very likely never occurred to either the Delegates OR (More importantly) to members of each state legislature which ratified the constitution.
Now this might seem like a dichotomy, but the people of that era had no difficulties with what we (
who live in THIS time) would regard as a Dichotomy. The fact that White European Male Landowners could opine on "Freedom" while maintaining legal slavery and second class citizenship status for women, was simply not peculiar in their eyes.
They had just as much tolerance for religions other than Christianity as they did for freedom for slaves, despite the wording they used.
MSimon wrote:
He did set the foundation for the expression of that idea in later times.
The reason for this is that the Supreme court (made up of Crackpot appointed Judges of the FDR/Truman administration) while reaching back into history for some
straw to grasp in order to justify the ruling they WANTED, could find nothing better to rationalize it. Had they had anything better, such as the Notes of the Convention, or the Federalist Papers, supporting their position, they would have used that instead. Since they didn't, they ended up pinning their opinion on the private letter opinion of Thomas Jefferson, the man who was not present when the Constitution was Written and Ratified by the states, and arguably the founder who knew the least about what was decided and intended by the Writers and ratifiers.
But that's how the legal system works when you get Liberal judges.
MSimon wrote:
As a member of a minority religion I think such a separation is a good idea.
And therein lies the rub. A LOT of people thought it was a good idea, Among them the Supreme Court which forced this state of affairs. Another example is Alcohol Prohibition which is mentioned in the First Amendment.
What? It isn't ? Well, Paul Revere scribbled in his diary says it was, so that's all we need to get a court ruling on it!
Seriously, you have to make AMENDMENTS to change the law. You can't "reinterpret" the meaning of existing law to claim it always meant what you wanted it to mean.
The idea has merit, but that is not the same thing as being valid without an amendment. The Supreme court short circuited the legal process by doing an end run around the people to decide the issue the way they WANTED it decided, regardless of whether it was accurate or not.
On the merit of the idea itself, I haven't personally made up my mind about this. I don't consider all religions to be equally beneficial to society and humanity, and certain ones I don't think we should tolerate whatsoever. (Kali Worship comes to mind.)
The idea has a nice ring of tolerance to it, and that is what makes it attractive to everybody, but too much of this sort of tolerance is what is killing Europe nowadays.
People may say to me "How can you talk about freedom, while suggesting that the law tolerate a favoritism of one(or more) religion(s) over others." I would have to reply that this was a common mindset of the founding era, and that a consistency just for the sake of consistency is foolish.
In any case, I haven't made up my mind. I can't figure out if the bad outweighs the good on this issue, or vice versa. I think I need to give it more thought. It's a rather academic pursuit anyway, as the current manner of interpreting the law is so open minded it's brains fall out, but it IS how the law is being applied nowadays.