Uncivil Religion: Judeo-Christianity and the Ten Commandments

In the Decalogue Cases,2 Justice Scalia conceded that government cannot invoke the blessings of “God,” or even say his name, “without contradicting the beliefs of some people that there are many gods, or that God or the gods pay no attention to human affairs.”3 Even so, he declares this of no constitutional moment because the historical understanding of the Establishment Clause permits government wholly to ignore those who do not subscribe to monotheism. Noting that more than 97 percent of American believers are either Christians, Jews, or Muslims, Justice Scalia concludes that government invocation or endorsement of belief in a monotheistic God does not violate the Establishment Clause.4