"The courts are using the First Amendment to attack religion, when they should be using it to protect religion"
About this Quote
The rhetorical move is to treat the First Amendment as if it has a single job - "protect religion" - rather than two clauses in tension: free exercise and non-establishment. Istook collapses that tension by implying that enforcing the Establishment Clause is hostility to religion, not hostility to government endorsement of it. The subtext isn't just "courts are wrong"; it's "the playing field itself is biased". That sets up a political demand for corrective action: constitutional amendments, judicial appointments, or legislation that redefines "religious freedom" as maximal public visibility and institutional support.
Context matters. Istook was a Republican congressman associated with the religious right in an era when conservative activists argued that secular liberalism had captured the courts. So the quote doubles as movement messaging: it simplifies complex jurisprudence into a moral storyline and recruits outrage. The genius, and the danger, is how it swaps constitutional restraint for cultural grievance, making any limit on state-sponsored religion feel like persecution rather than pluralism.
Quote Details
| Topic | Freedom |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Istook, Ernest. (2026, January 17). The courts are using the First Amendment to attack religion, when they should be using it to protect religion. FixQuotes. https://fixquotes.com/quotes/the-courts-are-using-the-first-amendment-to-58717/
Chicago Style
Istook, Ernest. "The courts are using the First Amendment to attack religion, when they should be using it to protect religion." FixQuotes. January 17, 2026. https://fixquotes.com/quotes/the-courts-are-using-the-first-amendment-to-58717/.
MLA Style (9th ed.)
"The courts are using the First Amendment to attack religion, when they should be using it to protect religion." FixQuotes, 17 Jan. 2026, https://fixquotes.com/quotes/the-courts-are-using-the-first-amendment-to-58717/. Accessed 12 Feb. 2026.


