National Endowment for the Arts and the 1st amendment

How can the National Endowment for the Arts support religious works such as Piss Christ? I know that Andres Serrano (the artist) considered it a religious work. How can the government support religious works and not have it be a violation of the 1st amendment?

As far as I know, it isn’t supporting “Piss Christ.” It isn’t like the NEA went around and said, “We’ve got cash for anyone willing to use Christ imagery.” Much like a child is allowed to pray in school if they want, but a teacher can’t lead the class.

How are NEA endowments given? Can anybody get one?

Here is the NEA’s site.

This might work better.

Exactly which religion was he endorsing?

First, it wasn’t a religious work in that it promoted a particular religion, or religion in general. I’d suspect that the artist considered it a religious work insofar as it commented on the general topic of religion.

Second, that stuff about there being a “strict wall of separation of church and state” is certainly not the law now, and it was never a workable frame of reference. The government has always been able to regulate certain things having to do with religion, as long as it doesn’t either actively encourage or discourage religion. In general, it’s simply required to treat all religions equally, and to treat religion the same as non-religion.

That’s why a government funded fire department can put out a church that’s caught fire. It provides the same service to the church, the synagogue, and the library.