미국 헌법상 정교분리의 판례법과 시사점-연방헌법(1700s~2018)의 정교분리를 중심으로-

In a current United States America, The separation of church and state had particular appeal in an age of specialization during the industrialization of 18 century so far. In historical perspective, the American religion–state regime is generally considered as strictly separationist, with a “wall of separation” keeping religion and state apart. This article traces a recent move away from this toward a “modest establishment,” in which religion and state cooperate in the fulfillment of important social functions. The mechanism for bringing about this change has been an increasingly conservative Supreme Court that has partially incorporated the agenda of the Christian Right. However, the attack on separationism was differently successful in different domains. The greatest success has been achieved with respect to access to public resources, where the wall of separation has been “breached.” With respect to religious symbols in the public sphere, I argue, the wall has merely been “battered.” This is because the state can align itself with religion only indirectly, by secularizing it as culture and tradition. These developments are contrasted with religion–state relations, which have moved in the opposite direction, from vestigial establishment to stronger forms of separation. I review how ‘lemon standard’ has been changed by the Supreme Court of the United States. In 2014, the Supreme Court held in Town of Greece v. Galloway that it is an elemental First Amendment principle that government may not coerce its citizens to support or participate in any religion or its exercise.