Since the last day of early voting, I cannot help but think about the #Texas GOP's Proposition 10, which prohibits state courts from applying Sharia law. It passed with a 94.81% vote, but I have two gripes. The first is that it is clearly dog whistle politics. The second is that voting *against* it would support something that is patently at odds with the Establishment Clause. It's a good thing I have long stopped watching Fox News.

#Amerabia #dogwhistle #EstablishmentClause #GOP #Islamophobia

Trump has chipped away at the long-standing wall between church and state. It’s just the beginning

A series of faith initiatives championed by the White House has led to a systematic religious revival within the government’s operations, culture and policy.

CNN

[Editorial] National Religious Freedom Day marks a legal tradition meant to restrain government power over belief. But the 2026 proclamation signals a shift, recasting religious liberty from constitutional protection into a state-driven project promoting public faith and privileging one religious tradition.

https://wildhunt.org/2026/01/editorial-religious-freedom-day-looks-a-little-different-than-before.html

#pagan #witchcraft #nationalreligiousfreedomday #establishmentclause #religiousfreedom #separationofchurchandstate #antichristianbias

Editorial: Religious Freedom Day looks a little different than before

National Religious Freedom Day marks a legal tradition meant to restrain government power over belief. But the 2026 proclamation signals a shift, recasting religious liberty from constitutional protection into a state-driven project promoting public faith and privileging one religious tradition.

The Wild Hunt
Myths and Magical Thinking: American Civil Religion, the Establishment Clause, and “Codified Irrationality” in Anti-CRT Measures

(Excerpt) In Part I, I preview some of the overlapping tensions in U.S. public schooling created by the occasionally competing mandates of education federalism and democratic theory; describe the current state of the law with respect to the constitutionality of state and local governments seeking to inculcate (allegedly) prosocial community values in curriculum; and consider how battles over the meaning of “patriotism” through the decades show that ideology and religion often blend—and still, inevitably, make it—into the public square broadly nonetheless. In Part II, I describe how religion is a useful tool, both descriptively and as a constitutional jurisprudential framework, for handling extremist incursions into the domain of public schools. I preview sociologists’ conception of the American Civil Religion and argue that the anti-antiracist movement, through (among others) its tactical manipulation of national symbols, has emerged as a concerning “sect.” I evaluate the mythological content of an anti-CRT worldview and show how teachers are prevented from discussing factual truths bearing on systemic racism or from communicating, in any way, that existing societal institutions may have played a role in perpetrating and upholding historical injustice. In Part III, I consider whether anti-antiracist curriculum promotes an orthodoxy of “magical thinking,” and what the consequence of this might be for students who are trying to learn to think critically, to make analogies, and to relate their current experiences to their parents, ancestors, and others. Instead, many laws insert nonrational propositions into lessons which demand violating principles of cause and effect—thereby turning the presumably, formerly “secular” space of a public school U.S. History classroom into a “religious” one. Such religious ideology—as I will argue over the course of the Article—may pose unique, heightened risks to civic institutions when imposed or pursued by another name. To make a thriving multicultural democracy a reality, a free exchange of ideas and perspectives is crucial; such exchange is impossible if students and teachers have their expression suppressed and chilled. Eighty years ago the Supreme Court held, in the school setting specifically, that “[i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion . . . .” Since then, the Court has continually reaffirmed that academic freedom is “a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy

St. John's Law Scholarship Repository

#History, Tradition, and Finding Common Ground: The #EstablishmentClause and #ReligiousExpression by the State

Chicago-Kent Law Review, Volume 100, No. 2 (forthcoming 2025)
43 Pages Posted: 4 Dec 2025
Kathleen Brady
Center for the Study of Law and Religion, Emory University

This article explores what a historically based approach has looked like for the Court’s members in past cases and where the Court may be headed next.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5798605

History, Tradition, and Finding Common Ground: The Establishment Clause and Religious Expression by the State

<p><span>The Court’s recent decision in <i>Kennedy v. Bremerton School District</i> marked a turning point in its Establishment Clause jurisprudence. The Court

#Government #Religious #Speech and the #EstablishmentClause

#VanderbiltLaw Review, forthcoming 2026
73 Pages Posted: 3 Dec 2025
Mark Storslee, University of North Carolina School of Law
Michael A. Helfand, Pepperdine University - Rick J. Caruso School of Law

This Article proposes that several important strands of Founding-era #history suggest an alternative principle: that the #religious opinions of the populace are not proper objects of government action.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5847562

Government Religious Speech and the Establishment Clause

<div> The government says religious things.  From monuments and holiday displays to legislative prayers, religion saturates the government’s public voice.

"In God We Trust" On Currency Does Not Burden Jewish Plaintiff's Religious Exercise

 In Clayman v. Bessant ,  (SD FL, Nov. 24, 2025), a Florida federal district court rejected plaintiff's RFRA, Free Exercise, Establishment C...

https://www.youtube.com/shorts/12d2udSVyz8

Military Religious Freedom - Video discussing #Trump administration's new "license to #Proselytize" and its obvious #FirstAmendment #EstablishmentClause implications --- as well as the latest news from Trump's threats to execute members of Congress.

#MilitaryLaw #Fascism #ResistFascism

Mikey Weinstein on Trump OPM's 'License to Proselytize' memo

YouTube

Judge Blocks Texas Law Forcing Ten Commandments Displays in Schools

The judge said Texas’s mandate exposes students to unwanted religious pressure, likely violating the First Amendment.

https://murica.website/2025/11/judge-blocks-texas-law-forcing-ten-commandments-displays-in-schools/

Judge Blocks Texas Law Forcing Ten Commandments Displays in Schools – The USA Potato