| Court
Rulings and Decisions prior to 1945 | |
| • | Maryland Supreme Court, 1799: "Religion is of general and public concern, and on its support depend, in great measure, the peace and good order of government, the safety and happiness of the people. By our form of government, the Christian religion is the established religion; and all sects and denominations of Christians are placed upon the same equal footing, and are equally entitled to protection in their religious liberty." |
| • | In 1811 the New York state court upheld an indictment for blasphemous utterances against Christ, and in its ruling, given by Chief Justice Kent, the court said, "We are Christian people, and the morality of the country is deeply engrafted upon Christianity, and not upon the doctrines or worship of other religions. In people whose manners are refined, and whose morals have been elevated and inspired with a more enlarged benevolence, it is by means of the Christian religion."[43] |
| • | In 1861 this same court said that "Christianity may be conceded to be the established religion."[19] |
| • | Vidal v. Girad's Executors, 1844. "Why may not the Bible, and especially the New Testament, without note or comment, be read and taught as a divine revelation in [schools] — its general precepts expounded, its evidences explained and its glorious principles of morality inculcated? . . .Where can the purest principles of morality be learned so clearly or so perfectly as from the New Testament? — Unanimous Decision Commending and Encouraging the use of the Bible in Government-Run Schools.[43,48] |
| • | Commonwealth v. Nesbitt, 1859: The court listed representative actions into which, if perpetrated in the name of religion, the government had legitimate reason to intrude: human sacrifice concubinage, incest, injury to children, advocation and promotion of immorality, etc. In all other orthodox religious practices where the public prayer, the use of the scriptures or whatever, the government was not to interfere. The clearly understood of the intent of Jefferson's letter and the way his phrase was applied for nearly a century and a half.[48] |
| • | Reynolds v. United States, 1878: The Court presented Jefferson's full letter, not just the eight words, "A wall of Separation between Church and State" and summed the intent of his phrase "Congress was deprived of all legislative powers over mere [religious] opinions but was left free to reach [only those religious] actions which were in violation of social duties or subversive of good order." [The rightful purpose of civil government regarding religion was] to interfere [with religion only] when [religious] principles break out into overt acts against peace and good order. In this is found the true distinction between what properly belongs to the church and what to the state."[48] |
| • | In the case of Holy Trinity v. United States in 1892, after thoroughly researching volumes of founder's documents and citing an amazing 89 precedents, declared: "These, and many other matters which might be noticed, add a volume of unofficial declarations to the mass of organic utterances that this is a Christian nation."[13] |
| • | As justice Douglas wrote for the majority of the Supreme Court in the United States v. Ballard case in 1944: The First Amendment has a dual aspect. It not only "forestalls compulsion by law of the acceptance of any creed or the practice of any form of worship" but also "safeguards the free exercise of the chosen form of religion."[20] |