A few weeks back, the Supreme Court heard oral arguments in a case that could once again redraw the line separating church and state. The court has not been clear where that line is. Sixteen years ago, then–Chief Justice William H. Rehnquist ruled that a Washington State scholarship program could not support study for the ministry at a seminary. Three years ago, Chief Justice John G. Roberts Jr. held that public money could be used to resurface a playground at a church daycare center. These two outcomes are complete opposites. Bear in mind, the Constitution contains no provision requiring “the separation of church and state.” Two religion clauses are in the First Amendment, one guaranteeing religious liberty, the other forbidding the government from establishing a religion. They were added because of Britain’s established church, the Anglican Church, also known as the Church of England. To be a full-fledged citizen in the British 18th century meant that you had to subscribe to the established church if you wanted the right to vote and hold public office. The Supreme Court did not investigate church-state relations until the mid-20th century. New Jersey provided transportation for all students to and from all schools, […]

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