America First Legal (AFL), a right-wing group whose team includes several former Trump administration officials, is urging the Supreme Court to do even more to shatter what’s left of the wall between church and state.
On Tuesday, June 28, the group issued a statement essentially calling for a total overhaul of the First Amendment’s establishment clause, a key provision separating church and state. The statement arrived one day after the Supreme Court cracked part of the clause’s foundation with its ruling in Kennedy v. Bremerton. In that case, the court’s far-right majority ruled that public school officials in Bremerton, Washington, violated the First Amendment rights of high school football coach Joseph Kennedy when they fired him following a controversy stemming from his ritual of praying at the 50-yard line during football games. The 6-3 decision effectively overruled a 1971 precedent for interpreting the First Amendment’s establishment clause.
While the establishment clause exists to keep the government from establishing an official religion in the United States, or doing anything that might favor one religion over another, the AFL is now hopeful that the Supreme Court will “eventually disincorporate” the establishment clause in a future case. Doing so, the AFL suggests, would allow states to “decide whether and to what extent they will establish religion within their borders.”
The AFL’s vice president and general counsel Gene Hamilton — a former Trump official in the Departments of Justice and Homeland Security, whose hits include axing DACA and helping create the infamous family separation policy — argued in a statement that the original intent of the establishment clause was to let the states decide just how much they want to separate church and state.
“We are pleased that the Supreme Court decided in Coach Kennedy’s favor,” Hamilton said. “Perhaps the Court will, in a future case, finally restore the original meaning of the Establishment Clause and disincorporate it as to the states. But for today, we celebrate with Coach Kennedy and all Americans who value religious freedom.”
Allowing individual states to establish their own official religions is just one possible tidal wave-sized ripple that could follow Kennedy v. Bremerton. Considering the current Court’s apparent disdain for established precedent, it could also pave the way for overturning the landmark 1962 case that ruled prayer in public schools was unconstitutional.
I don't know how many more alarm bells can be run, but we're one very broad or two or three smaller rulings taken together from states being able to establish official religions, and laws and regulations based on those religions, and by "religions" I mean "the shitty white nationalist version of Christianity" where anyone who isn't a white, straight male "Christian" will at best be a second or third class citizen, and probably much, much worse.
They really are going for the Christian Kingdom of Red States, folks, complete with Christian Police to enforce Christian theocracy.
We have got to stop these assholes before they murder anyone darker than a paper bag.