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The esablishment clause has EVERYTHING to do with respecting religion, see my other post which explains exactly what respecting and establishing means.
From Lemon v Kurtamzn
The Court's decision in this case established the "Lemon test", which details the requirements for legislation concerning religion. It consists of three prongs:
The government's action must have a secular legislative purpose;
The government's action must not have the primary effect of either advancing or inhibiting religion;
The government's action must not result in an "excessive government entanglement" with religion.
It clearly indicates "government action" not just legislation, but action of any kind.
It clearly indicates no such thing. That is YOUR interpretation of government action . . . but the prohibition is against government legislative action regarding religion.
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That is not to say a more comtemporary ruling won't come about, hopefully one will as we are hopeful that logic and common sense will prevail on the Supremem Court bench.
I feel certain that the current rampant abuse of the establishment clause against any expression of belief in God will be curtailed. Pendulums have this tendency to swing to the farthest part of their arcs before returning.
I actually said that I hope the school doesn't appeal it, just more money wasted in the courts.
So then you should blame for the school for allowing it to go to court in the first place. They had a chance to obey the law and take it down with no money wasted on the case. They chose otherwise.
So basically: school breaks the law, when it is pointed out that they are breaking the law, they stubbornly demand that they go to court so that they can keep breaking the law, and you declare that it is the girl who should be blamed for wasting everyone's time?
It shows that the Supreme Court decisions are not infallible or irreversible.
And here is where we get to the actual crux of the matter. It's fine not to agree with the Supreme Court rulings (there are quite a few rulings that I've disagreed with over the years), but disagreeing doesn't make it any less the law of the land.
Earlier in the month, the Supreme court refused to even consider the appeal challenging the ruling that opening assemblies with prayer (http://news.yahoo.com/supreme-court-rejects-prayer-student-internet-cases-210127037.html - broken link) wasn't constitutional.
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Originally Posted by MysticPhD
I feel certain that the current rampant abuse of the establishment clause against any expression of belief in God will be curtailed. Pendulums have this tendency to swing to the farthest part of their arcs before returning.
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The high court rejected appeals by local government and school district officials who argued that opening their meetings with prayers did not violate the constitutional requirement on church-state separation.
...it would appear that even the present SCOTUS considers it pretty established as a precedent, so I doubt that pendulum swinging to favor only a single religion will happen in our lifetimes. It's fine if you want to disagree with them; but pretending they haven't been pretty consistent about it for the last sixty years is kind of pointless.
Last edited by greaemonkey; 01-30-2012 at 03:28 PM..
Reason: addition
It clearly indicates no such thing. That is YOUR interpretation of government action . . . but the prohibition is against government legislative action regarding religion.
I feel certain that the current rampant abuse of the establishment clause against any expression of belief in God will be curtailed. Pendulums have this tendency to swing to the farthest part of their arcs before returning.
"but the prohibition is against government legislative action regarding religion"
Your words, so why did the court order the removal of the prayer? Because the display was a "government action" in the context of the Lemon test. You're blinding yourself to the obvious due to the strong religious influence you are exibiting.
So then you should blame for the school for allowing it to go to court in the first place.
Um, that would be the troubled girls doing, although I don't blame her, I blame her parents. I still don't see it as a violation of anyone's rights.
Nothing was forced on her. Children like this are shown to be troubled by their craving for attention, that they are being starved of in their home life by their parents.
Poor girl. Not only is she being raised to think that whining can get you "your way" but, she is now being physically threatened by idiots. Her parents should be ashamed.
Last edited by jdaelectro; 01-30-2012 at 08:22 PM..
Um, that would be the troubled girls doing, although I don't blame her, I blame her parents. I still don't see it as a violation of anyone's rights.
Nothing was forced on her. Children like this are shown to be troubled by their craving for attention, that they are being starved of in their home life by their parents.
Poor girl. Not only is she being raised to think that whining can get you "your way" but, she is now being physically threatened by idiots. Her parents should be ashamed.
Any actual evidence that she is troubled? You keep saying that, and I don't see any reason for it. She took a principled stand to support the constitution. Has it made life for her more troublesome in the short term? Probably. But she's made a positive difference, and those interested in upholding the laws of our nation will get that and support her for it. Sounds like you're just (again) assuming that anyone who doesn't think like you must be sick and troubled. Learn to realize not everyone has to think they way you do.
She sounds like a smart and lively person. Stop assuming things.
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