How to shoot yourself in the foot with the Constitution

[citruscommando]

Today's NY Times has a fascinating story of a conflict between the city of Pleasant Grove City, Utah and a small religious group there who follow a faith called "Summum

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[banzai2326]

Based on some quick research, in McCreary County v ACLU, Justice Souter, finding that a Kentucky display of the ten commandments was unconstitutional, said:

"The touchstone for our analysis is the principle that the First Amendment mandates government neutrality between religion and religion, and between religion and nonreligion," Justice David H. Souter wrote for the majority.

"When the government acts with the ostensible and predominant purpose of advancing religion, it violates the central Establishment clause value of official religious neutrality," he said.

This would seem to indicate in favor of Summum, since the Utah case involves favoring one religion over another.

However, in Van Orden v Perry, a Texas case in which a display of the ten commandments was found to be constitutional by virtue of being in the context of other historical displays, Chief Justice Rhenquist stated:

"Of course, the Ten Commandments are religious - they were so viewed at their inception and so remain. The monument therefore has religious

[banzai2326]

Upon a closer reading of the NY Times article, it seems there is also an issue of items donated to the government and those created or purchased by the government. Apparently the government has more leeway when it is speaking for itself, but when accepting items donated, there is a question of whether the citizens doing the donating are having their right to free speech denied if their item is not displayed while someone else's is. This takes the whole "religious or not religious" question out of it entirely. Very interesting.

[pabell]

I had all this stuff typed out but my browser crashed. (crap) so I will make my points briefly

1. Don't eat the pudding, kool-aid, or Almond tasting treats

2. If your religion is not in the top 3 (Christian, Jewish, Muslim) Good luck with your endeavors.

3. he problem, of course, is that the Constitution forbids the Government to get involved in religious speech No where is this more evident that than In God we trust written on our money. There are groups who would like nothing more that to remove those 3 little words.

4. Nothing rests; everything moves; everything vibrates My Cellphone Vibrates Vibrator's Vibrate it doesn't mean I should pray to them

5. Personally, I love seeing when people dream up new and different religions - as long as their celebration of it is harmless to others. I couldn't agree more, if you want join Babarambaba Cult - worshipers of Mother Nature, personified in a head of lettuce named Ralph or even Jews for Jesus go right ahead

corrections

[pabell]

point #3 its 4 words :) not 3