I believe that it is for this reason that Judge Scalia in the Berne decision argued that religious freedom is not a fundamental right and therefore not covered by the fourteenth amendment. Stripped to its barest essence, Scalia was arguing that infringements on religious freedom are exempt from the strict scrutiny test . The conservatives have been joined by liberals opposed to religion in public life. The liberals would take any opportunity to move us in the direction European style secularism while the conservatives sought lay a groundwork for undermining the disestablishment clause by first applying their arguments to undermining the free exercise clause. For the modern American liberals the issue is similar to that confronted by the French revolutionaries.
Religious institutions are a threat to the state s attempt to monopolize morality and society.
The vilification of fundamentalists has been an easy way to rationalize increases in government power. Recall how the BATF s attempt to put on a spectacular raid on a fundamentalist cult at the time their budget was up for consideration turned into a horrific conflagration. Ironically, Waco begat the Oklahoma City bombing. When a government agency massacres innocents we should be saddened, but not surprised if it provokes paranoia and some unstable person retaliates in kind against the government. State terrorism begets free-agent terrorism.