Friday, May 13, 2016

A State Religion in Texas?

If you go by the actual words of the Constitution,all it says is that Congress shall make no law establishing religion.
So, presumably, the State of Texas could make the Southern Baptist church the state religion. 

The Supreme Court would not permit it, however.

8 comments:

Cal Metzger said...

VR: "If you go by the actual words of the Constitution,all it says is that Congress shall make no law establishing religion."

The Constitution also contains the 14th Amendment.

SteveK said...

Even with the 14th Amendment, couldn't a state recognize the Baptists as the official state religion while maintaining and enforcing the same laws of equal protection, etc? I agree it still wouldn't be allowed but it's an interesting question to ask why it wouldn't be allowed when no laws are being violated (I think).

Joe Hinman said...

what are you talking about man? We already have a state religion here in Texas. two of them even. high school football and guns,

Ilíon said...

Indeed, the actual US Constitution allows any State to either establish or dis-establish a religion within its jurisdiction.

Ilíon said...

VR: "If you go by the actual words of the Constitution,all it says is that Congress shall make no law establishing religion."

That's not exactly correct -- what it says is that Congress (*) shall make no law respecting an establishment of religion. Or, to put that as we speak these days, Congress shall make no law with respect to (i.e. "concerning") an establishment of religion.

Thus, "State of Texas could make the Southern Baptist church the [established] state religion [in Texas]" ... and it is no business of the federal government either way.


(*) and, by the *actual* Constitution, it is Congress that is the supreme branch of the federal government.

Ilíon said...

VR: "If you go by the actual words of the Constitution, all it says is that Congress shall make no law establishing religion."

me: "That's not exactly correct -- what it says is that Congress (*) shall make no law respecting an establishment of religion."

The point is that what the Constitution actually says is more restrictive of the federal government than merely that it is forbidden to establish a religion. By the Constitution, the federal government may neither establish nor dis-establish any religion.

SteveK said...
This comment has been removed by the author.
SteveK said...

Wrong post! Oops