The exact mechanism for "grandfathering" was the 1st amendment, which prohibited Congress, not the States from establishing a state religion.
In fact, nearly all the states have some strongly worded statement in their Constitution respecting religion:
"The Nebraska Constitution provides that `Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the Legislature . . . to encourage schools and the means of instruction.' Nebr. Const. Art. 1, Sec. 4. "
Why was that allowed? It wasn't "grandfathered" in.
"The first Congress, comprised of the same elected officials who drafted the First Amendment, admitted Vermont as a new State, with a constitution that provided: `every sect or denomination of Christians ought to observe the Sabbath or Lord's day, and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God.' Vt. Const. of 1786, Ch. 1, Art. 3, reprinted in 6 Thorpe 3749, 3752"
So why did the original founders who wrote the 1st amendment admit a state that tells Christians they should keep the "Lord's day"? I say it's because they never intended that the 1st amendment should apply to states.
-- 'Some states, in the early years of the nation, had officially established religions, - religions which dated from the Colonial government era.' -- Is accurate.
All of the 'grandfathered in' State supported religions had withered away by the 1840's, -- whereupon Utah tried to gain statehood, with a state religion in their proposed constitution.
This unrepublican form of government was rejected for 40 years or more, till Utah agreed to conform with the US Constitution.
The exact mechanism for "grandfathering" was the 1st amendment, which prohibited Congress, not the States from establishing a state religion.
The exact mechanism for "grandfathering" was the "Republican form of Government" clause and the 1st amendment, which prohibited both Congress, and new States from establishing state religions.
In fact, nearly all the states have some strongly worded statement in their Constitution respecting religion: "The Nebraska Constitution provides that `Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the Legislature . . . to encourage schools and the means of instruction.´ Nebr. Const. Art. 1, Sec. 4. " Why was that allowed? It wasn't "grandfathered" in.
Odd point. -- Why would I have objection to that Nebraska clause?
"The first Congress, comprised of the same elected officials who drafted the First Amendment, admitted Vermont as a new State, with a constitution that provided: `every sect or denomination of Christians ought to observe the Sabbath or Lord´s day, and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God.´ Vt. Const. of 1786, Ch. 1, Art. 3, reprinted in 6 Thorpe 3749, 3752"
Again, - why should I object to that Vermont clause?
So why did the original founders who wrote the 1st amendment admit a state that tells Christians they should keep the "Lord's day"?
To form a lasting Union? -- Political compromises were made, and the peculiar wording of the 1st is a fine example. It worked. We have a union of States where religion is kept out of government, and no religious test is required to hold office.
I say it's because they never intended that the 1st amendment should apply to states.
I say the founders got what they intended in religious freedom.