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Gorsuch Abandons Originalism (Again) With Claims America Isn’t A Christian Nation

Justice Gorsuch keeps insisting America was founded as a religiously neutral nation, but the founding-era record tells a very different story.

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Old habits die hard. At least that is the case for our Supreme Court’s Justice Neil Gorsuch, who persists in repeating the erroneous narrative that America was founded as religiously neutral. In a July 24th interview with PBS’ Margaret Hoover, Gorsuch gave his interpretation of the American founding, denying America was founded as a Christian nation:

“We were never supposed to be a nation that was about one race or one religion … It was about those ideas [in the Declaration of Independence] … We have a First Amendment, for crying out loud. No established religion.”

“We were never supposed to be a nation that was about one race or one religion … It was about those ideas [in the Declaration of Independence] … We have a First Amendment, for crying out loud. No established religion.”

Gorsuch has previously made this point about his belief in America as ultimately a “creedal nation” founded in shared ideas contained in the Declaration, not more fundamental ties of ethnic kinship or common religion. Gorsuch wants to maintain this position of America as a neutral nation, not preferential to any particular people group or religion. Despite his claims to be an originalist, Gorsuch is not truly original in his beliefs here.

In particular, he misrepresents the numerous ways in which America was founded and perpetuated as a Christian nation, giving public support and favor to Christianity over any alternative religions because its people were Christian.

Understanding the American Founding

Those who share Gorsuch’s view are quick to point to the First Amendment of the U.S. Constitution, which states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” However, this was only ever intended to prevent Congress from establishing a religion federally, since that would interfere with the local self-government of the states which had distinct religious characters. The First Amendment prohibits the federal government from establishing a national church, but it was intended to preserve the right of the states to establish their own churches — many of which had established churches at the time of the founding and........

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