| The definition of establishment is actually pretty clear, and goes beyond favoritism. An established church is one sponsored by the government. It is an official church, as Anglicanism in Great Britain, Orthodoxy in Russia, or Buddhism in Nepal. It is doubtful that occasional favoritism towards non- denominational Christianity, reflecting the bent of the majority, qualifies as establishment. It is certainly true, according to the Supreme Court, that Christmas displays may be sponsored by a municipality if they are either secularized (Santa and elves) or have various religious symbols intermixed (a Menorah near a creche, for example). It is also true that religious expression is generally considered acceptable if it serves a secular purpose. Thus, high school choruses can sing religious music, since religious works are an essential part of the repertoire. The one way that government can be out of line when it falls so far short of establishment is when it can be accused of forcing the violation of conscience, which inhibits the free exercise of the individual's religion. The question is, does exempting participation suffice to cure the problem. Generally, for example, allowing Jehovah's Witnesses and atheists a simple affirmation in court is considered sufficient, rather than wholly altering custom. In the case of school prayer, the decision was made that children were placed under exorbitant pressure when excused from prayer, and therefore the dilemma could only be cured by banning prayer. In the case of the pledge, it may suffice to stand silent at the relevant part, or it may not. In any case, that is the issue, properly understood....... |
