You have to understand these right wing elements:
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Most significantly, Justice Scalia voiced the opinion that ?Church and state would not be such a difficult subject if religion were, as the court apparently thinks it to be, some purely personal avocation that can be indulged entirely in secret, like pornography, in the privacy of one?s room. For most believers, it is not that, and has never been.?
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Justice Antonin Scalia, the Establishment Clause, and Religion in the Public Square | U.S. Law, American History | Ed Mannino
So, with religion in their pocket they wipe their ass with the US Constitution and its Bill of Rights. GW Bush is a great example with what came after 9/11: "god is on our side."