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Chron: Supreme Court begins weighing Ten Commandments displays

Discussion in 'BBS Hangout: Debate & Discussion' started by Rockets34Legend, Mar 2, 2005.

  1. Rockets34Legend

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    http://www.chron.com/cs/CDA/ssistory.mpl/topstory2/3064788

    Associated Press

    WASHINGTON - The Supreme Court is considering this morning whether Ten Commandments displays on government property unconstitutionally entangle church and state, a cultural battle that has splintered lower courts for more than two decades.

    Justices were hearing arguments today in two cases involving displays at Texas' Capitol and in Kentucky. It is the first time since 1980 the high court is tackling the emotional issue, in a courtroom boasting a wall carving of Moses holding the sacred tablets.

    Ten Commandments monuments are common in town squares, courthouses and other government-owned land around the country. At issue is whether they violate the First Amendment ban on any law "respecting an establishment of religion," or simply represent a secular tribute to America's legal heritage.

    The question has sparked dozens of heated legal battles, including one in Alabama by Roy Moore. He lost his job as chief justice a year ago after defying a federal order to remove a 5,300-pound Ten Commandments monument he had installed in the state courthouse.

    About two dozen demonstrators gathered in front of the Supreme Court in the icy cold for rallies following a candlelight vigil by supporters of the displays.

    "I don't think government should be in the business of morality," said David Condo, 40, of Beltsville, Md., as protesters wrapped in parkas, scarves and ear muffs marched nearby. "I'd rather brave the elements on a cold morning than start on a slippery slope to theocracy."

    Another demonstrator, the Rev. Patrick Mahoney, director of the Christian Defense Coalition, said most Americans support public display of the Ten Commandments.

    "The court should be very careful to respect the viewpoint of the overwhelming majority of the American people," said Mahoney. "The Ten Commandments do not divide Americans; they unite Americans."

    More than 50 groups have filed "friend-of-the-court" briefs weighing in on the issue.

    While the cases strictly involve Ten Commandments displays, a broad ruling could define the proper place of religion in public life -- from use of religious music in a school concert to students' recitation of "under God" in the Pledge of Allegiance. A decision is expected by late June.

    The Bush administration, which sided with a California school district last year to keep "God" in the Pledge, is now joining Texas and Kentucky officials to back the Ten Commandments displays.

    "Countless monuments, medallions, plaques, sculptures, seals, frescoes, and friezes -- including, of course, the Supreme Court's own courtroom frieze -- commemorate the Decalogue. Nothing in the Constitution requires these historic artifacts to be chiseled away or erased," writes Texas Attorney General Greg Abbott in his court filing.

    Erwin Chemerinsky, representing a homeless man suing to have the Texas display removed, countered: "The government's symbolic endorsement of religion is most obvious from the content of the monument itself. In large letters, the monument proclaims 'I AM the LORD thy God.'"

    Ten Commandments displays are supported by a majority of Americans, according to an AP-Ipsos poll. The poll taken in late February found that 76 percent support it and 23 percent oppose it.

    In the Texas case, Thomas Van Orden lost his lawsuit to have a 6-foot granite monument removed from the state Capitol grounds.

    The Fraternal Order of Eagles donated the exhibit to the state in 1961, and it was installed about 75 feet from the Capitol in Austin. The group gave thousands of similar monuments to American towns during the 1950s and '60s, and those have been the subject of multiple court fights.

    Two Kentucky counties, meanwhile, hung framed copies of the Ten Commandments in their courthouses and added other documents, such as the Magna Carta and the Declaration of Independence, after the American Civil Liberties Union challenged the display.

    While one lower court found the Texas display to be predominantly nonreligious because it was one of 17 monuments in a 22-acre park, another court struck down the Kentucky displays as lacking a "secular purpose." Kentucky's modification of the display was a "sham" for the religious intent behind it, the Cincinnati-based 6th U.S. Circuit Court of Appeals ruled.

    The last time the Supreme Court weighed in on the issue was 1980, when it struck down a Kentucky law requiring Ten Commandments displays in public classrooms. Since then, more than two dozen courts have ruled in conflicting ways on displays in various public contexts.

    Justices have outlined several different tests in recent years to determine their constitutionality:

    --secular purpose; was there religious motive?

    --endorsement; do they show a government neutrality toward religion?

    --coercion; do they place impermissible pressure, such as school prayer?

    --historical practice; are they part of the "fabric of our society," such as legislative prayer?

    The Supreme Court frieze, for instance, depicts Moses and the tablets as well as 17 other figures including Hammurabi, Confucius, Napoleon and Chief Justice John Marshall. Because it includes secular figures in a way that doesn't endorse religion, the display would be constitutional, Justice John Paul Stevens suggested in a 1989 ruling.

    The cases are Van Orden v. Perry, 03-1500, and McCreary County v. ACLU, 03-1693.
     
  2. RocketMan Tex

    RocketMan Tex Member

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    Good. I think they should address it, so the entire issue can finally be put to rest.
     
  3. wouldabeen23

    wouldabeen23 Member

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    They'll be coming out of the woodwork on this one, nothing like religion and the ten commandments to get both bases all riled up and foamin' at the mouth
     
  4. MR. MEOWGI

    MR. MEOWGI Contributing Member

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    Those stone tablets can be pretty heavy.
     
  5. Saint Louis

    Saint Louis Member

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    I give you these fifteen, <crash>, ten commandments!
     
  6. No Worries

    No Worries Member

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    School Prayer.
     
  7. meh

    meh Member

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    If I remember correctly, the Supreme court already heard a case in regards to school prayer earlier. I don't think they've handed down a ruling yet.

    Since I'm an atheist, I can't exactly comment on this case without extreme bias. But I think this is a case where the usage of the Bill of Rights to protect the minority is quite appropriate.
     
  8. halfbreed

    halfbreed Member

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    To "protect" the minority from the evils of prayer!!!!!! :rolleyes:
     
  9. lpbman

    lpbman Member

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    I think this has more to do with endorsement of a particular religion


    "I don't think government should be in the business of morality," said David Condo, 40, of Beltsville, Md., as protesters wrapped in parkas, scarves and ear muffs marched nearby. "I'd rather brave the elements on a cold morning than start on a slippery slope to theocracy."

    well said, but I'm not sure a blanket ruling from the Supreme Court is the answer
    I don't think we'll see a blanket ruling from them either
     
  10. Sishir Chang

    Sishir Chang Member

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    Knight take queen..bishop take queen...EVERYONE TAKE QUEEN!
     
  11. meh

    meh Member

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    What if it's an Islamic display? Or Buddhist? Or, for that matter, what if it's a atheist display telling people how religion is a bunch of BS? Would you still feel there's no "evil" in such things?
     
  12. lpbman

    lpbman Member

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    pfft, those other religions are obviously wrong, cuz when you go to court, you swear on a bible
     
  13. MadMax

    MadMax Member

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    i think the Ten Commandments monuments are silly. i think Christians have made idols out of these symbols far too often. i'm shocked to hear Christians say, "they've taken God out of our schools/government/law/etc." I'm shocked because the God of the Bible isn't so easily removed, from my reading.

    having said all that....i don't understand the statement, above. MOST of our laws find a base in some sense of shared culture morality. from white collar crime to government benefits to the poor to a progressive tax code...morality...governing right/wrong in our culture...is exactly what the government does. and every government on the face of the planet has done it since the beginning of time. call it right/wrong...call it justice/injustice...call it whatever. are you seriously telling me you read the Bill of Rights, for example, and find no base in some sense of shared morality???
     
  14. lpbman

    lpbman Member

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    I think there is a shared morality, but it lies in human nature and not government/religion

    just an example I don't think we need this debate here lol, I don't think the Gov should tell you who you can marry. IT exists to set the terms of marriage, that when you are married you share property/debt etc equally

    but specify that marriage is between a man and a woman should be left up to the individual and not the government

    and next up is teaching intelligent design in schools... which is pretty much how it went in my High School (public!)... Evolution was glossed over rather quickly and it was emphatically described as a THEORY... when I objected I was RIDDICULED for the rest of my HS days as the guy who thinks we came from monkeys... ugh
    (um no we didn't come from monkeys, if we did we wouldn't have monkeys, but we came from a common ancestor... this wasn't even brought up in my HS biology class!)
    we had a moment of silence each morning, and at that time the class said the lords prayer out loud... I know first hand how prayer in school alienates minorities such as myself

    It's a slippery slope both ways, I understand that
    you can make the argument that some individuals think murder is ok and therefore shouldn't be made illegal

    I'm just of the opinion, when it doesn't hurt any one else, protect the individual as, imo, the founders of this country intended
     
  15. MadMax

    MadMax Member

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    judging by state laws around that time, most of which were drafted by those same "founders," i entirely disagree. they didn't think the FEDERAL govt. should get involved. but state laws were a b****...particularly before the 14th Amendment.

    who thinks murder shouldn't be illegal? what??? like 1/2 percent of the population? does the majority have to bend for that, really? i can find someone who thinks they're napoleon.

    i wasn't even getting into concepts of school prayer...or marriage...i just hear it said all the time that the law and morality have nothing to do with one another. had a constitutional law professor who used to try to sell that crap to me. i'm not buying. every society bases laws on some sense of right/wrong...just/unjust. whether or not you believe it comes from God...or nature...or just mores handed down for generations, it exists nonetheless.
     
  16. lpbman

    lpbman Member

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    quote more
    the distinction I'm trying to make, poorly, is that while morality in government exists, one religions views on morality aren't meant to be the law of the land
    the government should keep it's restrictions on morality to a minimum so as to protect every individuals choice in religion and lifestyle. The limits of those rights should end, imo, when they infringe upon others and not when they offend a particular religious view.

    I've always thought the reason people began to come to this continent to begin with was to escape religious persecution and is why it's the FIRST amendment, like being first was supposed to make it important. That the reason the Amendment doesn't impose such rules over the states was that the balance of power between state and federal gov. was a huge point of contention during the creation of this country; which is why we have a bill of rights ratified AFTER the signing of the constitution that included the 10th amendment
     
  17. MadMax

    MadMax Member

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    lp -- i don't want religion and govt intertwined either. the church has enough problems of its own to overcome without that association.

    i'm not approaching his quote merely from a religious context, though. it struck a particular nerve because of hearing that over and over again from a professor in law school...confronting on it...and getting non-sensical answers.
     
  18. lpbman

    lpbman Member

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    err that last part of my post was confusing, I meant to say that the constitution was signed only with an agreement that the bill of rights would be soon thereafter ratified, which included the 10th amendment

    not that I didn't think you'd get what I was trying to say, and you being a lawyer and all, have probably heard all those pesky amendments anywho

    I can see it striking a cord that morality and government don't mix and I was wrong, it wasn't well said
    Government shouldn't be in the business of using religion to interpret/decide morality

    and I'm glad to see we agree on that, Max
    I can see why you got non-sensical answers, though... how do you know what is moral

    I imagine that few of us have completely mastered right and wrong inside our own heads let alone how it should be imposed on everyone
     
  19. MadMax

    MadMax Member

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    wait...this is my point. it may not be perfect...but our laws are LARGELY based on society's determinations about what is right/acceptable/just and what is wrong/unacceptable/unjust. it just is. when congressmen/women get up to speak in favor of some new action they typically talk about how reprehensible the conduct is they're seeking to criminalize...or they stand up and make a passionate speech about how taking some action is just the "right thing to do." read the opinion in Brown v. Bd of Education and see if you don't get the idea that a sense of morality is important to the court in reaching their decision. we don't live in a neutral world...in some theoretical bubble where we all have no sense of right/wrong. that "collective sense" is ultimately reflected in our laws where we balance our values.

    if you're arguing something different than what i'm saying above, then we're just not communicating well. or we're talking about 2 different topics.
     
  20. lpbman

    lpbman Member

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    we agree Max, I was just saying how difficult it is to decide the moral values of a society when almost every individual contradicts themselves on their own morals in some way
    how morals are implimented, societys right vs the rights of the individual
    black and white answers for a world in color (and infared, ultraviolet, radio...)

    please place an X on the Fear/Love Lifeline
     

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