Just what is this separation of church and state stuff all about?

If you think that societal political correctness is not beginning to undermine religiosity, namely Christianity, through silliness mixed with secular fundamentalism, think again. Take a look at these stories.

Schools Prohibit Christmas Colors. Here's the crux of the story:

Now a school district has banned the colors red and green from a "Winter Break Party," requiring parents to bring only white plates and napkins.

Let's really look at this issue before we move on. The issue in all of these separation of Church and State cases is the Establishment Clause of the Constitution, which states:

"Congress shall make no law respecting an establishment of religion". Seems quite simple, does it not?

Let's now take a look at how the language of this clause, straightforward as it may seem, could be used as a means to prevent red and green napkins at a public school holiday party.

(Warning: Diatribe on Constitutional Law to follow. Abort now if it's to your advantage to remain conscious for the next few minutes).

The time-honored test created by the Supreme Court in determining whether the Establishment Clause has been violated is called "The Lemon Test" (Lemon v. Kurtman). According to this test, here is how you determine whether the Government has violated the Establishment Clause:

1) the government law or action does not have a secular purpose;
2) the government law or action has the primary effect of advancing or prohibiting religion
3) the law or action excessively entangles religion and government

If the law or government action meets all 3 prongs, there is a violation. As to the first prong, can one seriously argue that the color of a napkin has any purpose beyond secular? As to the second prong, the presence of green and red napkins at this party is not going to have the primary effect of advancing the proposition that Jesus came down from heaven and died for our sins. And as to the last prong, I would love to hear the argument as to how the color of a napkin was an excessive entanglement between religion and government.

Since the government action here (using red and green napkins at a school Holiday party) passes all the prongs of the Lemon Test, there is no violation here using this test.

The Supreme Court, however, in recent years and in an attempt to simplify things, has moved away from the Lemon Test. However, in attempting to do so, things have gotten just as complicated with 2 other tests now emerging. These 2 tests are the The Endorsement/Neutrality Test and the Coercion Test.

Endorsement Test -- Under this test, there is a violation of the Establishment Clause if it creates a perception in the mind of a reasonable observer that the government is either endorsing or disapproving of religion. This test is used by the more moderate and liberal justices on the court.

In applying this test to the napkin issue, one would be extremely hard-pressed to show that the government was somehow endorsing religion, Christianity in particular, by choosing red and green napkins, rather than simply engaging in the festivities of a holiday season. To make my point, would you buy the argument that the government was endorsing Satanism by using orange and black napkins at Halloween party? Silly.

The Coercion Test -- This test, implemented by the more conservative justices on the court, makes the most sense to me as it is most in keeping with the simple language of the Establishment Clause itself. Under this test, the court recognize the tradition and history of religion in America and therefore states that government action does not violate the Establishment Clause unless it (1) provides direct aid to religion in a way that would tend to establish a state church, or (2) coerces people to support or participate in religion against their will.

This test, which I feel easily best represents what the founders intended in the Establishment Clause, is clearly not violated by the presence of red and green napkins at school and at the same time clearly illustrates just how silly the idea is that red and green napkins at a school party is in some way a violation of our Constitution.

To those of you who were able to administer smelling salt periodically through this diatribe and who are still with me, thank you for your patience. We got to learn a little about the Constitution and had some fun along the way didn't we?...Hello?

At any rate, knowledge is power. I've given you knowledge. Now you have the power.

Use it wisely, grasshoppah.

Now, given your newfound knowledge, use it in analyzing some of these other stories and make up your own mind.

School drops Christmas Songs from Concert

Fed Judge Rules for Nativity Display

Schools to Observe Ramadan Holiday

Update: Here's another one.