What I am referring to is public (not government) supplied temporary decor. While you are more concerned with government maintaining secularity I am more concerned with government maintaining impartiality.[/I]
I’m not sure why you’re having difficulty understanding this.
The duration of an infringement to a law does not in any way have a bearing on if that law is in fact infringed.
Furthermore, the holiday displays in question are in many if not most cases recurring yearly.
The government maintaining secularity
is how the government maintains impartiality when it comes to religious displays.
What I am referring to is public (not government) supplied temporary decor.
The point being that it was donated to the city. It never should have been donated to the city, and it was rightly returned to the donor.
I agree if the City had accepted the donation. However, it was returned.
You appear to have some reading comprehension difficulties.
The display was
previously donated to the city.
It was then the subject of several litigation challenges previously (1986 being the latest previous to the case cited) while it was
previously the “property” of the city.
In an attempt to circumvent that litigation the city then reconveyed (transferred) the ownership back to the private party….
When it was
again the subject of litigation in a new and different case. (1987)
Again:
While the creche had been donated to the city, after earlier litigation it was reconveyed to the donor. 827 F.2d at 123.
[ an example of the toe in the door cited above ]
Now read the bold part……
“In American Jewish Congress v. City of Chicago, 827 F.2d 120 (7th Cir.1987), the Court of Appeals for the Seventh Circuit dealt with a privately constructed and owned creche displayed in the lobby of the Chicago City-County Building during the holiday season.”
….dealt with a privately constructed and owned creche….
Thus at the time
this case was decided (1987) it was privately owned and that fact did not dissuade the court.
From another article describing the case:
“The creche has been the target of several court challenges, the most recent coming last fall when the American Jewish Congress filed suit in federal court seeking an order banning the display.”
“Chicago`s creche is owned and displayed by the Chicago Plastering Institute, a group established by contractors and by Plasterers Union Local 5, said John Boland, president of the institute.” (This in 1987)
The City of Chicago can no longer display its much-debated Christmas creche in the City Hall lobby during the holiday season because doing so violates the U.S. Constitution, the U.S. Court of Appea…
www.chicagotribune.com
They even went so far as include “disclaimer signs” saying it was neither sponsored by or endorsed by the city of Chicago…..
The disclaimer signs, instead of accomplishing their ostensible purpose, served to further distinguish the creche from it’s surroundings, there was even a Santa Claus, a Christmas tree, and more secular symbols in other parts of the building.
However, it was the prominent and “separate”highlighted (similar to your “separate = sacred” theory
) display that lead the court to determine…
“The presence of a nativity scene in the lobby, therefore, inevitably creates a clear and strong impression that the local government tacitly endorse Christianity."
So it’s
not that it’s privately supplied or government supplied…..
It’s that
it is government displayed…in a government building.
And what is unconstitutional about temporary decor supplied by the public?
I’ve already cited a couple court decisions (maybe give them a read?), that determined this to be the case. (Post# 267)
Remember County of Allegheni v ACLU ?
American Jewish Congress v City of Chicago ?
(You know…..the one we’re currently discussing?)
Would you like more?…..
These are
not the only two.
Was The Satanic Temple's display unconstitutional?
Possibly…..
actually it’s presence helped toward neutralizing the possibility of the un-constitutionality of the nativity scene by providing evidence of inclusion of other traditions and thereby lessening the implication of endorsement.
As I explained previously….
Of those where the decision found them to be constitutionally permitted, it’s when they have sufficiently been ruled to not represent a religious meaning and/or have been sufficiently watered down by inclusion with other secular symbols to rise to no religious significance and be merely symbols of the season, without conveying a religious meaning;
In other words where they have been sufficiently secularized.
And as
@9-10ths_Penguin explained early in this thread:
Generally, religious displays on public property follow this pattern:
- lots of Christian stuff
- tokenism for a few minority religions in the area
- nothing at all for the other area minority religions
- when the Satanists or FFRF participate as well, there's a period of controversy until the town/county/state/whatever decides to get rid of religious displays altogether.
As to the question:
How is treating people the same (be they secular or religious) who lose their minds over the sight of religious symbolism in a government building a false equivalency?
You’ve repeatedly used phrases such as…
“Freak out and lose their minds”, and ….
“Whose mind gets unhinged by the sight of
any religious display”, and ……
Displaying “fanatical behavior”…..
Obviously hyperbole
How do you feel about a man that travels more than 800 miles from his home to violently and illegally destroy a statue that offended his religious sensibilities?
In an interview he said he destroyed the shrine in order to "awaken Christians to the anti-Christian acts promoted by our government".
"I saw this blasphemous statue and was outraged,” he said. “My conscience is held captive to the word of God, not to bureaucratic decree. And so I acted."
(Apparently he saw the placement of the Satanic Temples display, which was — privately owned and set up
— as being “promoted by” the government….I wonder how he came to that conclusion?…..any ideas?)
Do you think that “he freaked out and lost his mind”, displayed “fanatical behavior”, that his mind got unhinged by the sight of a religious display” that offended his religious sensibilities?
I would agree….how do you think he should be treated?
If I recall correctly, you agreed he should be charged with a hate crime, …yes?
Conversely, how do you feel about a group of people that in order to protest what they see as their government stepping across the divide between church and state, go through an approved permitting process, and set up a display allowed by the government and when it gets destroyed, issue a statement thanking the Polk County prosecutors for "recognizing the their authentic religious standing, reinforcing their rightful place in a society that acknowledges diverse beliefs".
Do you think that “they freaked out and lost their minds”, displayed “fanatical behavior”, that their minds got unhinged by the sight of a religious display” that offended their religious sensibilities?
I wouldn’t think so….
how do you think they should be treated?…Should they be treated the same?
Should they be charged with a hate crime?
You know…..treated the same?
Starting to get a vague idea about a false equivalency?
Do secular people who lose their minds over such a sight deserve special treatment or something?
Absolutely not.
However, since I’ve never heard of of such a thing
actually happening,…
I don’t couch my condemnation of those who
actually do, demonstrably and documentedly so,
(freak out
, become unhinged and lose their minds, and act fanatically) with a caveat of reserving the right to equally condemn those that might, maybe, perhaps one day act similarly.
Should I ever manage to come across such an unlikely event, I
would equally condemn them as well.
It’s not something I worry about.
You claim to not include the Satanic Temple among those who you deem as acting fanatically.
And instead say…..
I was referring to those specific individuals whose rational minds are overcome by their prejudice.
When asked to give an example or a link to anyone fitting this description who is atheist or what you describe as a “secular fundamentalist”,
you answer with….
Actually, I have interacted with some. I don't have any links to supply to you as it was not digitally documented.
I have interacted with some. It is not a figment of my imagination.
Again, it's a matter of my own personal experience, not digitally documented
Pardon me, but this is hearsay.
Do you doubt that if a “militant atheist” or a “secular fundamentalist” were to enter a government building and destroy a nativity scene, (an actual equivalency) it
wouldn’t get any press coverage? …….Seriously!?
Therefore, if there
was a actual equivalency it should be easy to find…..wouldn’t you think?
Would you like me to look for other incidents where religious people people attacked and destroyed atheist symbols (for documented religious reasons)…… how hard do you think I would have to look?
Do you seriously think this is a two sided coin?
50/50?……Seriously?
Of those you have personal experience with that you have interacted with….
In what way did the “lose their minds, become un-hinged and freak out?
How did they “act fanatically”?
Or is that just false hyperbole?