According to Justice Scalia, the supernatural devil is "a real person" and demonic possession is less common today then it was in the past because today there are more atheists who function as enablers for the devil. Scalia's views on the Establishment Clause and the Equal Protection Clause principles are unbalanced and unjust because they are rooted in facts about how the universe works that are false. If there really is a devil who possesses people as depicted in C.S. Lewis' apologetic novel The Screwtape Letters, and atheists are favoring "the devil's desires", as Scalia asserts is a fact, then Scalia's refusal to apply EC and EPC protections to atheism and atheists would be perfectly ethical.
Our model of how the universe works is the foundation that our ethics are built on. This is why it is so important to utilize reliable methods for obtaining our facts about how the universe functions. Antonin Scalia talks like a person who is not entirely committed to reliably anchoring his factual beliefs on the solid ground of empiricism. Instead, he anchors at least some of his factual beliefs in today's ongoing reiteration of 4th century Catholic dogma. The Vatican makes no distinction between its theology and the facts, and therefore neither does Justice Scalia, who is proudly committed to being a good Catholic.
Through considerable collective effort, with important contributions of a few intelligent individuals, between the 4th century and 1789 we acquired some additional knowledge about how the world functions. This trend of acquiring knowledge has continued, at an accelerated pace, between 1789 and 2015. Justice William J. Brennan somehow managed to live in the real world and profess Catholicism at the same time. But Scalia's world view pathetically, and tragically, remains partially frozen somewhere between the 4th century and 1789 because he elevates Catholic faith to a valid epistemology with equal status, or maybe superior status, to empiricism. His pathological condition is all the more
troubling given that he is an intelligent and powerful man who appears to be injecting his Catholic bias into his evaluation of civil rights protections.
The United States government spends billions of dollars every year to further research that continues to advance modern knowledge. This money does not go to the Catholic Church because Catholic Church theology contributes nothing to our modern knowledge and never has. If Justice Scalia had more integrity then he would acknowledge this and refrain from basing EC and EPC jurisprudence on his Catholic faith.