david_x said:
Congress shall make no law prohibiting the free exercise of religion! Okay chaoschristian?
Not ok. You are only getting one part of its core concept.
It clearly does not state that the government cannot make laws regarding religion. If that were true, then tax codes that provide non-profit status for churches and other religious non-profits would be disallowed. Under that kind of interpretation religions that practice virgin-child blood sacrifice could not be stopped by the government. Clearly, that is not was intended and in fact it is not what is said.
What it does say is that the government cannot take action to establish religious institutions. What was specifically being guarded against was the establishment of an official national religion. It also says that the government cannot take action against the establishment of religious institutions. Take this together with the rest of the text now, and you can see that what is clearly meant is that the government cannot interfere in the establishment, expression or gathering of religious institutions when those actions are being taken by private citizens.
What is not explicitly spelled out in the text, but does exist through the extension of logic is that the 1st Amendment prevents the public use of governmental power and influence in the support of religious practices; but it also prevents the public use of governmental power and influence to prevent the expression of religion among private citizens.
You see there is in fact a clear separation between the public realm and the private realm that can be clearly seen in the text and logic of the 1st Amendment. The public realm is kept clear of religious practices exercised by the state, while the private realm is protected from government intrusion.
The entire 'separation of church and state' argument can be set aside as a Red Herring. The real issue is the separation of the public and private realms. And what the Constitution says is that the expression of religion is clearly reserved for the private realm only.
So in other words attempts by some Christians (such as I think you are doing here) to claim that the court overstepped its bounds by unduly restricting the free practice of religion are founded on either a misinterpretation or a misunderstanding of what the 1st Amendment actually says.