Thus when in 1985 Justice William Rehnquist, in Wallace v. Jaffree, denied that Madison viewed the government as needing to remain neutral on the merits of “religion and irreligion,” he was correct.54 The nonreligious have always had to fight for the right to be considered equal in America. This has much to do with the Constitution’s inability to take them into consideration. A legal theorist put it aptly: “France is suspicious of the true believer. The United States is suspicious of the non-believer.”55
