The vice of all such arrangements under the Establishment Clause is that the state is lending its assistance to a church's efforts to gain and keep adherents. It insists on baptizing all children and has made the catechism obligatory in state schools." Thus, under the agreement Franco made with the Holy See when he came to power in Spain, "The Church regained its place in the national budget.
Today in some state-church countries the state runs the public schools, but compulsory religious exercises are often required of some or all students. In the past schools were often made the exclusive responsibility of the church. Education, too, is usually high on the priority list of church interests. Under all of these arrangements the church typically has a place in the state's budget, and church law usually governs such matters as baptism, marriage, divorce and separation, at least for its members and sometimes for the entire body politic. The church and state can be one the church may control the state or the state may control the church or the relationship may take one of several possible forms of a working arrangement between the two bodies. While the Free Exercise Clause of the First Amendment is written in terms of what the State may not require of the individual, the Establishment Clause, serving the same goal of individual religious freedom, is written in different terms.Įstablishment of a religion can be achieved in several ways.
I join the opinion of the Court and add a few words in explanation.
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