As someone who wishes this was codified in our constitution, I'm afraid the 'concept' is held relatively weakly.
Clarence Thomas has stated, regarding the Establishment Clause: 'The text and history of this Clause suggest that it should not be incorporated against the States.'
I wouldn't be surprised if there is concurrence among the conservative justices sans Roberts.
IMO, it's held "weakly" because there's a christian majority in the government at large (and the SC in particular). As such, the morality they advocate for just happens to also align with morality as defined by their faith.
If you hold a different morality (in particular the Jewish or Muslim views on abortion rights), you're just SOL because you're not a majority.
The Supreme Court has fewer deeply religious people than the country as a whole, because of the appointment process. The religious wing of the Democratic Party (conservative Hispanics and Black people) is excluded, while the religious wing of the Republican Party has to share appointments with economic libertarians (Kennedy, Roberts, etc).
That's besides the point regardless. The "Establishment Clause" prohibits the creation of a national church: https://constitutioncenter.org/interactive-constitution/inte.... That's what "Establishment of Religion" means--creating an official, established Church. Several states had an established church around the time of the founding: https://en.wikipedia.org/wiki/Separation_of_church_and_state.... For example, Massachusetts had "disestablished" its official church less than 10 years before the Constitution, and continued public funding of it until 40 years after the Constitution. The "Establishment Clause" prohibited the federal government from creating such an official religion.
The Establishment Clause does not prohibit people from voting for laws based on their religion. That is to say, it does not put a thumb on the scale in favor of beliefs based on secular philosophy versus religious philosophy. Voters (at the state level) can close stores on Sunday based on Christianity, no different than doing so based on secular beliefs about workers needing a day off.
So, none of that actually challenges my statement - that our politicians' morals are based extensively on those of their religion, thus avoiding any conflict of interest in their mind (i.e. Who doesn't view abortion as murder?), while still creating a "tyranny of the majority" for those who don't share their religion.
Legal or not according to the intent of "separation of church and state", it's holding us back as a country.
As someone who wishes this was codified in our constitution, I'm afraid the 'concept' is held relatively weakly.
Clarence Thomas has stated, regarding the Establishment Clause: 'The text and history of this Clause suggest that it should not be incorporated against the States.'
I wouldn't be surprised if there is concurrence among the conservative justices sans Roberts.