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Each of these cases seeks to return our nation to the original intent of religious liberty in our U.S. Constitution — an intent that was misconstrued and misinterpreted by Justice Hugo Black in his majority opinion in Eversen v. Board of Education in 1947.
It was in this case that Black inserted the phrase, “wall of separation of church and state,” words found nowhere in the U.S. Constitution but instead from a letter from Thomas Jefferson to the Danbury Baptists in 1802.
The irony is that those who oppose any religious expression or rights of conscience for religious believers have also distorted Jefferson’s words to advance their anti-faith agenda. Up until Black’s opinion, the court had interpreted the Establishment Clause of the First Amendment to support and encourage religious belief.
Unfortunately, with Black’s words, the damage was done. For the next generation, the Supreme Court, encouraged by groups such as the ACLU and Americans United for Separation of Church and State, wielded Black’s words like a legal wrecking ball to any public expression of religious faith.
So many of our current cultural issues and rapidly deteriorating public discourse is the result of the fundamental misunderstanding and misconstruing by previous Supreme Courts after Black’s opinion.
By restoring religious liberty to its rightful place, where people can openly practice their faith, regardless of what it may be, and the government encourages, but not endorses a certain faith, can we return to the original intent of our Founding Fathers.