This is one instance in which it is preferable to avoid the nontextual phrase "separation of church and state" and, instead, distinguish the two clauses of the First Amendment that, together, comprise its religious freedom guarantees. Both the constitutional text of the oath and the religious test clause of the Sixth Article make clear that the phrase "so help me God" is not required to be uttered by the President; thus, there is no mandatory act to violate the Establishment Clause of the First Amendment. President Obama wanted to say "So help me God" at the end of the oath. To PREVENT him from doing so would have violated the Exercise Clause. The remaining question is whether the President's utterance of "So help me God" would violate the Establishment Clause. Under the Lemon test, however, it is not even clear that President Obama's words constitute a governmental action, much less one having the primary act of advancing religion, rather than a personal prayer for guidance and strength.









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