Very true. However, the law was deliberately written vaguely enough to be applicable beyond the 18th century, and the courts (Supreme included) have ruled time and again that the principle of separation of church and state applies at all levels, including local establishments such as public schools.
This actually isn't quite true. The concept of separation of church and state did not even exist as a concept in law until
Everson v Board of Education in 1947 in winning arguments made by the ACLU and an opinion written by Justice Hugo Black who said, "No tax in any amount large or small can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion."
After only 57 years, it is now mistakenly accepted by the public that the separation of church and state is in the Constitution, but it is not there in any form. Pam states it correctly that the First Amendment bans a state-sponsored religion. The Founders were thinking of things like the Anglican Church of England where the head of the Church is chosen by the head of government, not nativity scenes in front of a post office.
The First Amendment actually says,
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." It says nothing about mentioning religion in the public arena. Note that a display in front of a post office has nothing to do with Congress. And it is quite arguable that preventing kids from singing Christmas carols or putting Christmas-themed floats in parades is a gross violation of the part that says, "prohibiting the free exercise thereof," the part of the First Amendment always forgotten by Christmas opponents.
Most separation advocates point to a single letter written by Thomas Jefferson, who did not even attend the Constitutional Convention because he was home with his sick wife and had nothing to do with the drafting of our founding document, as evidence the Founding Fathers intended a complete wall between church and state. Yet the author of the First Amendment, James Madison, appointed the first chaplain of the House of Representatives.
Another little known fact is that many states had official state religions well into the 19'th Century, an impossibility if the separation of church and state were indeed in the Constitution.
So while the separation of church and state is indeed law today, it is highly inaccurate to say it is in the Constitution in any form. It is yet another law created out of thin air by advocates who believe the Constitution is a "living document" that must adjust to the times. Yet even those advocates misuse that phrase. "Living document" refers to the amendability of the document through a set process of voting (2/3 majority of Congress and 3/4 of state legislatures or a Constitutional convention), not a flexible interpretation of its contents.
One thing I will agree with is that I don't want my tax money to go towards exhibits in front of the post office, but most often the exhibits are donations from individuals. I have no problems with those and I, like Noelle, am completely non-religious.
