How does the “wall of separation” metaphor misconceptualize the First Amendment?
The metaphor emphasizes the concept of separation, unlike the First Amendment which speaks in terms of disestablishment, or nonestablishment to be more precise, and of the free exercise of religion. Furthermore, the wall of separation metaphor, unlike the First Amendment, imposes restrictions on religion and religious perspectives. The literal text of the First Amendment restricts government only; whereas a wall, given its bilateral nature, restricts the role of religion and faith communities as well. The wall metaphor implies that the First Amendment restricts people of faith, religious spokesmen, and religious leaders also, but thats far beyond the requirement of the text of the First Amendment. Do you think the average religious person is really restricted by the wall of separation metaphor? Oh, absolutely. I think there is much evidence to support this both in rhetoric and in judicial opinions. Quite often the courts have embraced this wall metaphor as a substitute for the First Am
