John S., on 17 November 2012 - 23:33, said:
Judges don't make laws, no law respecting the establishment of any religion was made here. Nice try quoting the phrase that doesn't exist anywhere in America's foundational documents though.
There's actually quite a lot of evidence to support the idea of "separation of church and state", and the fact that it was an intended result of the first amendment. You can read a lot about it on Wikipedia, but I'll summarize with a few quotes.
The Virginia Statute for Religious Freedom, which was written originally by Thomas Jefferson states.
No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no wise diminish enlarge, or affect their civil capacities.
Not really a "founding" document, but this idea was repeatedly enforced and recommended by several of the early founding fathers.
Here's an excerpt from the Treaty of Tripoli ratified in 1797.
As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.
At the end of the day, I don't think anybody should be able to force anybody else to attend, or not to attend, a place of worship, nor should they be forced to respect, believe, or participate in any religion, or be forbidden from practising a religion of their choosing, unless it infringes on the rights of those not wishing to participate.