Jared wrote:The term "separation of church and state" was first coined in a letter to the Danbury Baptist Association. But that doesn't mean that the concept of separation of church and state isn't in the Constitution.
Actually, I notice that you added something in your quotation of the Constitution that isn't there. You write that the Constitution says:
"Congress shall make no law respecting an establishment (a setting up) of religion..."
There's no parenthetical statement in the Constitution defining "establishment" as "a setting up". Establishment can mean "a setting up" of religion. Or it can mean other stuff as well. This is from a Supreme Court ruling in 1947:
(and it's the Supreme Court's job to judge whether laws are constitutional or not, via Marbury v Madison)"The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever from they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between Church and State'."
As for saying that this is a government "whose people have no right to espouse or practice their faith in the public discourse"....I'm not sure we're living in the same country. Is the government not allowing you to belief whatever you want to believe, and practice what you believe?
Jared:
Allow me to preface my response by saying two things:
1. You have the right to believe whatever you want to believe, and I respect that right.
2. We are probably not ever going to agree on this. I don't know if I can count on one hand the times we've been round and round about this topic!

Notice, that in that ruling you cite, that the decision was made in part based upon the nonlegal letter that Jefferson wrote. It also bases that opinion, in part, on what I sincerely believe to be a faulty contextualized interpretation of the 'wall of separation between church and state.'
Again, using this letter as a basis for a Constitutional ruling is no better than relying on international law as a basis for interpreting Constitutional law. But if it must be cited, then it must be cited in it's entirety, or risk having the intent and meaning of the phrase stripped, which is what I see happening. (Can you see them using a letter from GW or Clinton to the SBC as basis for a ruling on Constitutional LAW?! Neither can I.)
As far as the restriction of my free practice of religion, I meant (and thought I said) that in the context of being a government employee. When I worked in the social work field, I was expressly forbidden to even mention or indicate my faith at work. Of course, believing very strongly that the basis for such an opinion is seriously flawed at the source, I ignored the instruction. No one has a right to tell me that my faith cannot be 'freely exercised' in any part of my life, whether I'm in government or not.
And you know as well as I that the word 'UNCONSTITUTIONAL' is thrown around more than Tina Turner in Ike's apartment. It seems that the courts will slap 'unconstitutional' on anything they wish, even when the Constitution has nothing to do with it, and says nothing about the expressed case.
Ultimately, the phrase 'separation' was never intended for anyone other than the Danbury Baptists, in private correspondence. There is, that I know of, no other time that Jefferson mentions the idea, and the original idea had nothing to do with whether or not a government official could publicly or privately, practice his/her faith according to the dictates of his/her own conscience. The courts, according to the Constitution, not despite it, have no right to make a decision concerning religion other than striking down any attempt on the government's part to establish a state or national religion, or playing favorites.