For most of the 216 years since the Bill of Rights was adopted, the First Amendment's prohibition against government establishment of religion has been easily understood by judges and ordinary Americans alike. Everyone recognized the First Amendment's establishment clause proscribed Congress from setting up an official state religion -- like the Church of England in Great Britain or Shia Islam in the Islamic Republic of Iran, for example. Nonetheless, for much of our nation's history, most Americans, including most federal judges, presumed that the First Amendment did not absolutely prohibit all governmental acknowledgment of religion's role in the lives of the people -- and for good reason. Neither the wording of the amendment itself nor common practice challenged the widely held belief that government guaranteed freedom of religion, not freedom from religion.
From George Washington to George W. Bush, presidents have invoked God's name in the performance of their official duties. From the first Congress to the 109th, our elected leaders have begun their day with a prayer, and for much of that time, they have appropriated government funds to hire Congressional chaplains. From Chief Justice John Marshall's term to the present, the U.S. Supreme Court has opened its session with a prayer. Our coins and currency bear the inscription "In God we trust"; witnesses testify to tell the whole truth "so help me, God"; our elected leaders swear their oaths of office with their hands on Bibles; and many of our public buildings, including the Supreme Court, are adorned with homage to our Judeo-Christian heritage. And for nearly 200 years, no one objected to these manifestations of monotheism.
But that has changed dramatically in recent years. Now, rarely a year goes by without at least one major court challenge to one of these or similar practices. And the more the Supreme Court tries to set boundaries on what is or is not permissible under the First Amendment, the more confusing it gets. Two decisions handed down this week muddy the waters further.