A legal scholar argues that the Establishment Clause’s application in state-level cases should be interpreted through the lens of the 14th Amendment’s ratification in 1868, rather than relying on the original 1791 Constitution. This shift could reshape how courts assess religious establishment disputes at the state level, potentially altering long-standing precedents. The distinction hinges on whether the clause’s protections were intended to bind states equally or only apply to federal actions. Critics may question whether this reinterpretation could weaken safeguards against state-sponsored religion.
"The relevant time frame to understand the Establishment Clause for state cases is 1868, and not 1791."
