The Current State of the Law in the United States and the Separationist Agenda

Abstract

The Religion Clauses of the First Amendment are aimed at securing both religious freedom and the separa tion of church and state. The former forbids limitation not shown to be justified by a compelling government interest; the latter prohibits laws failing to meet the purpose-effect-en tanglement test. On the whole the Supreme Court has been faithful to the mandate imposed by the clauses and interpreted and applied by the judiciary. Although it has been urged that there are or may be instances in which freedom might demand what church-state separation forbids or vice versa, the Court has not yet been faced with any case requiring it to make a choice.

While not fully satisfied with the Court's resolution of con flicts between church and state, particularly in the area of financing religious school operations or refusing to finance abortions for the economically underprivileged, the separa tionist agenda is basically the defense of present constitutional principles and the assurance of their faithful application by the executive and legislative branches of government.