I just started reading a decision on a case relevant to the EvC debate.
McLean v. Arkansas Board of Education Decision
McLean v. Arkansas Board of Education
In that decision the judge quoted another decision which states the standard interpretation of the Establishment clause.
quote:
In Everson v. Board of Education, 330 U.S. 1, 15-16 (1947), Justice Black stated:
The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church-attendance or non-attendance. No tax, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or what ever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause ... was intended to erect "a wall of separation between church and State."
That looks damn close to "take the commandments out of the courthouse" to me.