If Church and State are not separated, then what is the official state sponsored church? What is the official religion?
Its a fine distinction - but at the time of the founding and adoption of the U.S. Cons., many states adopted official religions for their individual states. The U.S. const 1, st amend - was meant to prohibit the Federal Govt from creating a National Religion, but not prohibit the States from doing so since many states were afraid thatt he national govt would infringe on the states rights regarding religion. This was more a states issue as opposed to a "separation" issue.
However, later on the incorporation doctrine was interepreted to apply to the states via the 14th Amend to the BOR and apply the same standards to the states as well as the Fed Govt. Thus, the states were prohibited from certain things the same way the national govt was. Its a techincal legal interpretation issue, but the incoorporation doctrine has a lot to do with this. TRUST ME - I DONT THINK ODONNELL IS AWARE OF THESE FINE POINTS AND DISTINCTIONS.
The so called "seperation" was interepreted through case law, common law, and other judicial rulings, but its not exactly in the Const itself. COD was right in a narrow sense, but I really don't think she was arguing against the premise itself.
Now - as a practical matter - of course i agreee with the separation of church and state and wish there were even more of it. However, to trash her over this is misguided IMHO considering the history behind the adoption of the BOR as it applied to religions and the concerns many states had at the time that the Fed Gov would impose a national religion and infring upon a states' ability to declare its own.
