![]() ![]() The First Amendment declares that 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof * * *.' It is, I think, a fallacious oversimplification to regard these two provisions as establishing a single constitutional standard of 'separation of church and state,' which can be mechanically applied in every case to delineate the required boundaries between government and religion. ![]() But I think there exist serious questions under both that provision and the Free Exercise Clause-insofar as each is imbedded in the Fourteenth Amendment-which require the remand of these cases for the taking of additional evidence. ![]() Specifically, I cannot agree that on these records we can say that the Establishment Clause has necessarily been violated. I think the records in the two cases before us are so fundamentally deficient as to make impossible an informed or responsible determination of the constitutional issues presented. ![]()
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