This said, most states have constitutions with language mirroring the First Amendment. Yet forbidding “establishment” means just that: prohibiting an official government church’s creation. Framers could have written that “no law shall be made respecting the expression of religion….” But they didn’t — and in the Founders’ case wouldn’t, as, again, evidenced by their official religious expression in Congress.
Nonetheless, we’ve long been operating under the idea that allowing one religious element in the public sphere but not others is, somehow, a constitutional violation. This position’s folly can be illustrated with an analogy.
The First Amendment protects freedom of speech as well as that of religion. So, question: If state-funded, faith-oriented elements in the public sphere violate freedom of religion, wouldn’t state-funded, speech-oriented elements violate the freedom of speech?
We do have state-funded, speech-oriented displays, too, such as at the Lincoln Memorial, where the 16th president’s Gettysburg and Second Inaugural addresses are inscribed. The former includes the words that our nation was “conceived in Liberty, and dedicated to the proposition that all men are created equal.” There’s also the Martin Luther King Jr. Memorial, which includes the quotation, “Our loyalties must transcend our race, our tribe, our class, and our nation….”
Now, another question: Should it be mandated that such speech’s display be privately funded and restricted to private land, lest the government be guilty of “infringing upon speech”?
What’s more, should the same “anti-infringement” imperative also dictate that insofar as such speech is represented in the public sphere, contrary opinions must be displayed alongside Lincoln’s and King’s words? How about the 1619 Project proposition that our nation was not conceived in liberty but in slavery? How about a Nazi belief that racial chauvinism should be encouraged?