For decades, the Lemon test had guided courts in evaluating Establishment Clause cases, but the Kennedy decision abandoned it, replacing that guide with a vague “historical practices and understandings” standard.
What Project 2025 envisions for religious liberty and the role of religion in governance, both explicitly and implicitly, is striking and troubling.
That funding would not only violate the Oklahoma constitution’s prohibition on “using public money for the ‘use, benefit or support of a sect or system of religion,’” it would also run afoul of the Establishment Clause of the U.S. Constitution’s First Amendment.
The conversation with Lauren Windsor, posing as a conservative Christian during an annual gathering of the Supreme Court Historical Society, seems to reveal a troubling perspective from Justice Alito.
The Ten Commandments carry deep religious significance for many observant Americans. Unfortunately, that has made them ripe for exploitation by those who seek to use the institutions of government to promote a religious perspective.