On Saturday, he said the First Amendment prohibits the government from endorsing one religion over another. But, he added, that doesn’t mean the government has to favor non-religion over religion.
No one ever said it did.
The Establishment Clause prohibits government endorsing religion, compelling religious observance, or favoring one religion over another. The Free Exercise Clause safeguards the right of citizens to practice whatever religion they so desire, or no religion at all, where government may not seek to disadvantage any manner of religious expression, or no expression at all.
He argued that’s a more modern reading originating in the courts in the 1960s.
Wrong.
First Amendment jurisprudence is consistent with the original intent of the Framing Generation, that church and state remain separate. It was never the intent of the Framers that there should be no religion at all in government, and current Establishment Clause case law reflects that intent – the Constitution recognizes times when government involvement with religion is appropriate, and times when it is not; it's incumbent upon lawmakers to abide by this Constitutional dictate.
He also said there is "nothing wrong" with presidents and others invoking God in speeches
Again, no one ever said there was.
If Americans want to the government to be non-religious, he said, they should vote on it instead of courts deciding.
Nonsense.
Citizens' rights and protected liberties are not subject to 'majority rule.'
The issue is not whether government should be 'non-religious' or not, this issue is that the right of the people to practice their faith as they see fit – or to be free from faith altogether – is of no concern of government, where each individual is free to decide how to believe in accordance with his own good conscience, and where citizens may not seek to compel religious conformity through force of law by codifying religious doctrine and dogma into secular statutes all must obey.
Don't cram it down the throats of an American people that has always honored God on the pretext that the Constitution requires it
More nonsense.
Nothing is being 'crammed down the throats' of the American people.
When the people err and enact measures repugnant to the First Amendment, such as seeking to disadvantage a given faith, promoting a given religion by act of government, or compelling adherence to religious dogma as a matter of government statutory policy, then the courts must appropriately and correctly invalidate such measures in accordance with the First Amendment, where the people are not being denied freedom of religious expression or liberty, and government is in no way 'mandating' non-religion.
Scalia's 'argument' fails as a straw man fallacy, he contrives this ridiculous non-issue of 'non-religion' in government and attacks that non-issue as if it were an actual concern.
Scalia's is an inane fabrication, a myth devoid of substance or merit.