This case has been cited 1 times or more.
|
2006-06-22 |
PUNO, J. |
||||
| The theory of benevolent neutrality or accommodation is premised on a different view of the "wall of separation," associated with Williams, founder of the Rhode Island colony. Unlike the Jeffersonian wall that is meant to protect the state from the church, the wall is meant to protect the church from the state.[41] This doctrine was expressed in Zorach v. Clauson,[42] which held, viz: The First Amendment, however, does not say that in every and all respects there shall be a separation of Church and State. Rather, it studiously defines the manner, the specific ways, in which there shall be no concert or union or dependency one or the other. That is the common sense of the matter. Otherwise, the state and religion would be aliens to each other - hostile, suspicious, and even unfriendly. Churches could not be required to pay even property taxes. Municipalities would not be permitted to render police or fire protection to religious groups. Policemen who helped parishioners into their places of worship would violate the Constitution. Prayers in our legislative halls; the appeals to the Almighty in the messages of the Chief Executive; the proclamations making Thanksgiving Day a holiday; "so help me God" in our courtroom oaths-these and all other references to the Almighty that run through our laws, our public rituals, our ceremonies would be flouting the First Amendment. A fastidious atheist or agnostic could even object to the supplication with which the Court opens each session: "God save the United States and this Honorable Court." | |||||