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With Liberty for All by Phillip E. Hammond

By Phillip E. Hammond

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Page 9 Of course it matters from the standpoint of historical accuracy, though we will never know what those writers of the Constitution "really" intended. For purposes of present-day decision making, however, whether the Framers favored religion over irreligion hardly matters for separationists but matters greatly for accommodationists. The complicated reasons for this difference will be taken up later, but suffice it here to say that, from the separationist perspective, the Constitution was written at a time when the word "religion" had a common meaning, and now it does not.

Similarly, when some separationists complain that religion cannot be taught in a neutral fashion and therefore should be outlawed, they are revealed to be wanting what the same clause prohibits: the state's disapproval of religion. The second way by which the controversy over religion's public role is manifested is more subtle, having to do with how and when individuals may invoke their religion in public discussion. Accommodationists want special warrant given to religious claims; separationists would allow such claims to be heard but deny them special warrant.

Far from protecting religious freedom against the vagaries of democratic politics, the Religion Clauses during this period became an additional instrument for Page 3 promoting the politically dominant ideology of secular liberalism (McConnell 1992:134). It is tempting to see the first of these two approaches as favoring No Establishment over Free Exercise, and to see the second approach as the reversefavoring Free Exercise over No Establishment. While there is some merit in this view, it obscures a very important point of difference between the two approaches.

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