Unfortunately, the problem is even worse than that. The First Amendment is also biased against religion in an unexpected way. As we are all familiar, Congress “shall make no law respecting an establishment of religion.” Sorry, theocrats! But think more deeply: Congress could make all kinds of laws that aggressively establish an ideology that is not a religion.

To underscore the point: The Constitution strongly protects us against theocrats who would pass religious precepts into law. The Constitution provides us with pretty much no protection against ideologues who want to hardwire specific secular dogmas into our laws and our lives—so long as the attorneys defending this process in court convince judges that due process and equal protection standards are met.