Dao Hao Now
Active Member
Again the duration is inconsequential.when it comes to temporary season decor
If someone abridged your right to free exercise of your religion…..but only during the “holiday season”, would you consider it impinging on your rights?
If you were forced to go to Catholic mass, but only during “holiday season”, would you consider that as your free exercise of religion?
It wouldn’t be permanent…just temporarily during the “holiday season”.
You would know it would end after the “season”; so no big deal….right?
That is something completely different and is allowed and not considered unconstitutional.One could make a case for something that is of historical significance to the community and will be displayed as a historical landmark in a park or something.
That is very different than being displayed in a government building where the public must go to interact with the government where the business of government is conducted and laws are adjudicated…..
Where it’s presence is easily (and most often correctly) seen as endorsement by that government.
You failed to answer the question…..
How do you suppose that Mr. Cassidy got the impression that the government was “promoting”
Satanism when he stated that he destroyed the display in order to "awaken Christians to the anti-Christian acts promoted by our government". "I saw this blasphemous statue and was outraged,”?
These are his words; not mine.
Mind you; this was a temporary “holiday” display and was only up for a couple weeks.
And as was explained and has been demonstrated historically… including in the two cases I cited;This is the argument I have been making all along: inclusion of all secular and non-secular on a temporary and rotating basis.
This is often used as a means to smuggle religion in (the ol’ toe in the door tactic) claiming “history” or “seasonal cheer” while emphasizing the religion of choice and often only due to an attempt to appease a litigation as was evident in the two cases cited.
You understand that there are several blatantly religious people who hold political and judicial office that are not bashful of imposing their personal religious views on the public…yes?I don't agree that (strictly) maintaining secularity = impartiality
Ms. Davis, as demonstrated previously is only one example.
Those 12 representatives who attempted to pass the bill mandating the Ten Commandments be installed in all government buildings and schools are other examples.
How impartial do you believe they are likely to be if not held in check by the First Amendment?
What does their history show?
Yet another example is Tom Parker the Chief Justice of the Alabama Supreme Court.
Perhaps you have heard about the Alabama Supreme Court decision recently where they ruled that frozen embryos are legally considered children under state law.
In his decision Judge Parker wrote…
"In summary, the theologically based view of the sanctity of life adopted by the People of Alabama encompasses the following: (1) God made every person in His image; (2) each person therefore has a value that far exceeds the ability of human beings to calculate; and (3) human life cannot be wrongfully destroyed without incurring the wrath of a holy God, who views the destruction of His image as an affront to Himself."
"Carving out an exception for the people in this case, small as they were, would be unacceptable to the People of this State, who have required us to treat every human being in accordance with the fear of a holy God who made them in His image."(Alabama justice invoked 'the wrath of a holy God' in IVF opinion. Is that allowed?)
This is what the Chief Justice of the Alabama Supreme Court wrote… not what he said to someone behind closed doors, not discussed with a clerk,…. what he wrote ….in a legal opinion.
Does this sound like a separation of church and state to you?
This is the very thing the First Amendment was designed to protect us from; and is now law in the state of Alabama.
Reportedly, other states are now looking at drafting similar laws using this as precedence.
In the past I would have been very confident that his ruling and any laws based on it would be ruled unconstitutional were they to be challenged.
With today’s Supreme Court, I am not so optimistic.
You say…
Presumably in reference to the dissenting opinions in the two previously cited cases…..I'm good with being in the minority opinion here. I don't agree that (strictly) maintaining secularity = impartiality
Other people that share that opinion…..
These are the sort of people (Kim Davis, the 12 Iowa representatives and Tom Parker) you are aligning yourself with……
are you comfortable about that?
You say you’re not looking for a “toe in the door”….
Those you are aligning yourself with are looking for far more than a “toe in the door”….
They are looking to tear the door down.
In the case that overturned Roe v Wade,…..
Dobbs v. Jackson Women's Health Organization:
“The case concerned the constitutionality of a 2018 Mississippi state law that banned most abortion operations after the first 15 weeks of pregnancy. The Mississippi law was based on a model by a Christian legal organization, Alliance Defending Freedom, with the specific intent to provoke a legal battle that would reach the Supreme Court and result in the overturning of Roe.”
In that decision Justice Alito envisioned that:
“any such right must be "deeply rooted in this Nation's history and tradition"
And Justice Thomas went so far as to indicate that the Court should go further in future cases, reconsidering other past Supreme Court cases that granted rights based on substantive due process, such as Griswold v. Connecticut (the right to contraception), Obergefell v. Hodges(the right to same-sex marriage), and Lawrence v. Texas (banned laws against private sexual acts).
Talk about a “toe in the door”!
The majority in those previously cited cases (the ones you disagree with) relied on the “Lemon test” in deciding those cases.
Lemon v. Kurtzman - Wikipedia
en.wikipedia.org
Unfortunately, the “Lemon test”, has been de facto overturned by the current Supreme Court
(the one that overturned Roe v Wade) in
Kennedy v Bremerton School District in 2022,
where the majority “stated that they used a history-based approach "in place of Lemon and the endorsement test"
Along the lines of Alito’s “deeply rooted in the nation’s history and tradition.”
I can’t help but point out that slavery was also “deeply rooted in the nation’s history and tradition” so much so that a war was fought over it!
As was women not having a right to vote until a Constitutional Amendment changed that in 1920, after some 140 years of “deeply rooted history and tradition”.
And surely you are aware of the growing Christian Nationalist movement who claims that the U.S. “was founded as a Christian nation” and is today and has always been.
Does this sound like “deeply rooted in the nation’s history and tradition” to you?
Do you think they see it as being?
I dare say that those that you are aligned with in your minority opinion might well agree, and add that your opinion helps in giving them aid and cover.
As was pointed out in the USA Today article linked above:
“Rachel Laser, president and CEO of Washington D.C.-based nonprofit Americans United for Separation of Church and State, said citing the Bible in this manner is like “giving the middle finger to a foundational promise of our country.”
“Alabama’s top court ruling on IVF is part of a larger movement to “impose religious theology," Laser said, in conflict with the constitutional promise of separating church and state. She saw the verdict in Alabama as part of a larger Christian nationalist movement – the idea that America was created by and for Christians an its laws should reflect that.”
“The agenda doesn’t stop with reproductive rights. It’s much, much bigger,” Laser said. “And that should concern every American, because America wouldn’t be America without the separation of church and state.”