I think what is mostly lost in this whole discussion is the purpose of the 1st Amendment’s freedom of religion statement.
Remember that our country was founded largely as a reaction to religious persecution by European gov’ts flip-flopping from one view of Christianity to the next view and demanding that–with each change–the people accept the new religion. It was NOT the case that the Founding Fathers even considered a gov’t completely devoid of God.
The Founding Fathers understood the federal gov’t to not be involved in the establishment of a religion *in order for *the state gov’ts to have freedom to establish as strong as a religious belief–even within the gov’t structure itself–as they saw fit. It certainly was NOT an effort to rid God’s influence from all gov’ts (i.e., federal and state and local). It’s ironic to me (and I’m sure it would be repuslive to the Founding Fathers) that in this thread we’re discussing the 1st Amendment (i.e., the federal gov’t) restrictions in the context of a state gov’t’s actions … no matter how the U.S. Supreme Court has interpreted the 4th and 14th Amendments.
As a matter of history, the Founding Fathers together drafted the U.S. Constitution, including the 1st Amendment, then proceeded to go back to their own states and write God all over their own state constitutions. See Massachusets (below).
So, you can rip on Texas as being dumb or misinformed or wrong, but they are certainly well within the Founding Fathers’ understanding of state’s rights in the context of the 1st Amendment.
from … http://www.usconstitution.net/states_god.html
Massachusetts
Preamble:
We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts.
Part 1, Article 2:
It is the right as well as the duty of all men in society, publicly, and at stated seasons to worship the Supreme Being, the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience;
Chapter 5, Section 1, Article 1:
Whereas our wise and pious ancestors, so early as the year one thousand six hundred and thirty-six, laid the foundation of Harvard College, in which university many persons of great eminence have, by the blessing of God, been initiated in those arts and sciences, which qualified them for public employments, both in church and state: and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of this and the other United States of America …
Chapter 6, Article 1:
“So help me, God.”
Chapter 6, Article 10:
… in the year of our Lord one thousand seven hundred and ninety-five …
Chapter 6, Article 12:
… in the year of our Lord one thousand eight hundred and thirty-seven …
… in the year of our Lord one thousand eight hundred and thirty-seven …
Amendments, Article 6, oath of office:
“So help me God.”
Amendments, Article 11:
As the public worship of God and instructions in piety, religion and morality, promote the happiness and prosperity of a people and the security of a republican government;