Washington • For decades the Supreme Court has entangled itself in Establishment Clause decisions that have been, in the words of Alice in Wonderland, curiouser and curiouser. On Wednesday, it can leaven with clarity the confusion it has sown.
The First Amendment’s first words say, “Congress shall make no law respecting an establishment of religion.” The court conducts its business after a chant that includes “God save the United States and this honorable court” and both houses of Congress have taxpayer-paid chaplains who pray for divine guidance. The court has, however, held that any policy or practice by a public entity that touches religion, however marginally, violates the Establishment Clause unless (a) it has a secular purpose and (b) its primary effect neither advances nor inhibits religion and (c) it does not foster excessive government entanglement with religion.