This ought not be a surprise to anyone. That is, it ought not to be a surprise to anyone who has been reading the idiocy that seems to flow from Justice Thomas in religious cases. Thomas has taken this position for nearly ten years now. As I wrote in the Pledge case from 2004:In a later case, Thomas acknowledged that he had taken some flak for this position, but he did not expressly renounce it. But he stands alone in his bird-brained position:Even in today's decision, Justice Scalia refused to join in the part of Thomas's opinion that adhered to this foolish analysis.
As for the bit about the 14th Amendment, it has been observed that Justice Thomas MIGHT have had a point ... had the case been decided before the Civil War.
In his dissent in Van Orden v. Perry, 545 U.S. 677 (2005), Justice Stevens addressed Thomas's absurd position:Anyway, you can
read today's opinion here. There will be lots of commentators commenting on the opinion without having read it; I recommend reading it first, but not if you have recently eaten.
Now, let me put out some red-meat commentary that you might see elsewhere: Prayers are traditional, prayers are ceremonial, say the boys in black, which may of course be true. But that rather spectacularly misses the point. Prayers are also religious, and if that is not so, then so-called houses of prayer ought to lose their religious status and start paying their damned taxes.
Or how about this one: There is a lot of talk about privatizing things. Well, perhaps we ought to privatize religion. Get government out of the religion business!