Washington University Jurisprudence Review Volume 5 | Issue 1 2012 The Resurgence of Secularism: Hostility Towards Religion in The nitU ed States and France Sarah Nirenberg Follow this and additional works at: https://openscholarship.wustl.edu/law_jurisprudence Part of the Jurisprudence Commons, Legal History Commons, Legal Theory Commons, and the Rule of Law Commons Recommended Citation Sarah Nirenberg, The Resurgence of Secularism: Hostility Towards Religion in The United States and France, 5 Wash. U. Jur. Rev. 131 (2012). Available at: https://openscholarship.wustl.edu/law_jurisprudence/vol5/iss1/4 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Jurisprudence Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. THE RESURGENCE OF SECULARISM: HOSTILITY TOWARDS RELIGION IN THE UNITED STATES AND FRANCE SARAH NIRENBERG ABSTRACT Secularism is a complex principle that in its most simple formulation calls for the separation of religion and government. In this Note, I examine the classical liberal approach to resolving the tension between religion and the state. I argue that the United States was founded, and the First Amendment of the Constitution was drafted, with John Locke’s proposal for toleration in mind. I then argue that the Supreme Court’s insertion of the concept of “separation of Church and State” into the Constitution in Everson v. Board of Education took Thomas Jefferson’s metaphor out of context, and in doing so betrayed America’s founding principles. Yet, the Court’s attempt to push for a more secular state ultimately failed because the American people have remained religious.