Between the Christian Right and the Muslim proto-lobbies, it seems that the separation of religious institution and the public apparatus is under attack. If you feel this way, you can’t help but to notice the very general language of the 1st amendment:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; …”
Even with some historical context, it is hard to extract the precise scope of intention with respect to this amendment, but one thing is for sure: we’re safe from the ridiculousness of so-called blasphemy laws, and no religious establishment should be able to petition the state to protect its tenets if it forces anyone in the public space to contend with it.
In other words, the Christian Right can’t force the 10 commandments to confront anyone entering a courtroom, and Muslims can’t be exempt from ObamaCare if the rest of us have to accept it. That was until 2005 with the Cutter v. Wilkinson (2005), where the court accepted the notion that exemptions only for religious objectors can be granted. A terrible decision if you ask anyone with sense.
So here’s the cure: fake religions. Like the Church of the Flying Spaghetti Monster. Or even the Church of Satan. They’ve already found creative ways to make religious groups regret ever entering the exemption game, but the end goal isn’t one-upmanship, it’s attrition. The intention is to eventually show the courts, whose processes are already gummed up with petty sectarian demands, that if they let one group get special treatment, they’re opening the floodgates to a whole flurry of ridiculoid petitions for special allowances from under any rock.
If you’re a ‘Satanist’, you can ask for a giant statue of Baphomet in front of a courthouse. If you’re a ‘Pastafarian’, you can demand that any state who allows women to be veiled on their IDs also allow you to wear a full-face colander. What is the state going to do? Ask for proof that your supernatural claims are real? Question your sincerity? Imagine proving any of that!