The ACLU filed a lawsuit on behalf of Louisiana families to challenge what it called a "blatantly unconstitutional" new state law that requires the Ten Commandments to be displayed in every classroom.
Separation of Church and State is not codified into law
And
1A specifically says “Congress shall pass no law respecting any religion”. They’ll say this law was passed by a state, not congress. Ipso facto, they rule in his favor.
That whole “it only applies to Congress” angle is malarkey.
303 Creative v. Elenis: The 1st Amendment bars Colorado from forcing businesses to provide service that goes against their religious beliefs.
Shurtleff v. City of Boston: The City of Boston could not reject flying a Christian flag when it had open many other groups to fly different flags for various occasions.
Kennedy v. Bremerton School District: A school board wrongfully terminated a coach for praying on the field.
These are all recent cases too. Of course, that doesn’t mean they won’t find some different bullshit reason to say this is fine.
The actual text concerning religion says that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;…”. It’s arguable that requiring publicly funding schools to display a specific religions moral code is establishing their religious views as a standard others must follow.
The second part of that (prohibiting the free exercise thereof) is not affected. They are free to do whatever they want in their private homes and institutions. They just are not free to force those practices on others or other’s children. You don’t have the freedom to “exercise” if exercise means forcing your will on others. And anyone that thinks that should be the case is specifically calling to remove that constitutional freedom from our society.
Re: 1, the concept of church/state separation is espoused by the First Amendment, if not explicitly stated as such. But as has been made clear, Roberts’ SCOTUS has yet to miss a case dismantling that wall.
Re: 2, SCOTUS has held that amendments only apply to Congress unless they have been incorporated via the 14th out to the states. The First Amendment’s restriction on state-endorsed religion was incorporated in a case from 1947 called Everson vs. Board of Education which means that if Congress can’t create an official government religion, state legislatures can’t either. Of course, what one SCOTUS decides another can overturn, so it’s not out of the realm of possibility for Roberts’ activist Court to remove the concept of incorporation altogether.
Two things:
And
Also
That whole “it only applies to Congress” angle is malarkey.
303 Creative v. Elenis: The 1st Amendment bars Colorado from forcing businesses to provide service that goes against their religious beliefs.
Shurtleff v. City of Boston: The City of Boston could not reject flying a Christian flag when it had open many other groups to fly different flags for various occasions.
Kennedy v. Bremerton School District: A school board wrongfully terminated a coach for praying on the field.
These are all recent cases too. Of course, that doesn’t mean they won’t find some different bullshit reason to say this is fine.
Man if they rule that states can discriminate based on religion, I look forward to all the left leaning states going in the total opposite direction.
They’ll just agree with the lie that our country was founded on Judeo-Christian values and anything Christian is simply embracing our history.
The actual text concerning religion says that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;…”. It’s arguable that requiring publicly funding schools to display a specific religions moral code is establishing their religious views as a standard others must follow.
The second part of that (prohibiting the free exercise thereof) is not affected. They are free to do whatever they want in their private homes and institutions. They just are not free to force those practices on others or other’s children. You don’t have the freedom to “exercise” if exercise means forcing your will on others. And anyone that thinks that should be the case is specifically calling to remove that constitutional freedom from our society.
It’s un-American… by definition…
but but but it’s an historical document, not religious at all [wink wink to stage left]
Wouldn’t the combo of the first amendment and the supremacy clause pretty neatly dismantle the new Louisiana law?
That would be correct in my opinion but nothing this court does can surprise me anymore, legal or not.
Re: 1, the concept of church/state separation is espoused by the First Amendment, if not explicitly stated as such. But as has been made clear, Roberts’ SCOTUS has yet to miss a case dismantling that wall.
Re: 2, SCOTUS has held that amendments only apply to Congress unless they have been incorporated via the 14th out to the states. The First Amendment’s restriction on state-endorsed religion was incorporated in a case from 1947 called Everson vs. Board of Education which means that if Congress can’t create an official government religion, state legislatures can’t either. Of course, what one SCOTUS decides another can overturn, so it’s not out of the realm of possibility for Roberts’ activist Court to remove the concept of incorporation altogether.