The concept of Separation of Church and State came about when the congregation of Danbury Baptist association wrote to a letter to the newly elected President, Thomas Jefferson. In the letter, they addressed the rumor that was being circulated the Congress was going to establish the Congregationalist denomination as the State Church. President Jefferson replied to the Danbury Baptists and ensured them that the Constitution prevented the Legislature from enacting any such law and stated that there was a "wall of separation between Church and State". It is this phrase that was taken completely out of context and used as by the Supreme Court to establish a precedent that has been incredibly mis-used over the years. Even a cursory reading of the Constitution is understandable in this regard. Did the Supreme Court legislate from the bench instead of ruling on the basis of the Constitution? I'll let you decide that.

So, does the cheerleaders actions violate the Constitution and in particular the First Amendment? OF COURSE NOT, they are not Congress, they are not making any laws establishing a religion of preventing the free exercise thereof.

Just a quick lesson on the Constitution. The First Amendment, in regards to the Freedon of Religion, states, "Congress shall make no law establishing a religion or restricting the free worship thereof". Take note that there is NO mention of CHURCH or STATE. This is intended to be a direct injunction on CONGRESS to not establish a State religion, such as the Church of England was in the UK. (Whom you may recall we had just FOUGHT FOR OUR FREEDOM FROM!)

For information regarding the Separation of Church and State, see my next post.