Executive Director For the forthcoming The Encyclopedia of American Civil Liberties

In the United States, as in any vibrant democracy, the government is profoundly impacted by the public square – that forum in which the people discuss, debate, and evaluate public activities with the idea of persuading their compatriots and influencing the state in the development, enactment and enforcement of public policy. It is a forum, by definition, available to all, whether citizens or not, including those who represent them (such as the media or organized groups). The state also participates in the public square in its efforts to explain or justify its policies or activities. The place of religion in the public square has generated great controversy. In essence, the debate centers on one fundamental question: in a religiously pluralistic country with a policy of separation between religion and the state, what place should religion have in a forum in which state action is debated, shaped, and, to some extent, implemented? That is to say, if we accept that the state should not adopt or implement religious positions or policies, to what extent should religious language, concepts or beliefs be used to publicly justify, support or opposed government actions or policies? How do we distinguish between religious advocacy in the public square and stat