The New Freedom of Public Religion (Witte, 2006)
“Metaphors in law are to be narrowly watched,” Justice Benjamin Cardozo once warned, “for starting as devises to liberate thought, they end often by enslaving it.” So it has been with the metaphor of a wall of separation. This metaphor has held popular imagination so firmly that many of us have not noticed that separation of church and
state is no longer the law of the land. In a long series of cases over the past fifteen years, the Supreme Court has abandoned much of its earlier separationism, and reversed several of its harshest cases on point. The Court has upheld government policies that support the public access and activities.
