Don't
be fooled. The Supreme Court
recently stepped off of the reservation of Constitutional "textualism
in statutory
interpretation and originalism
in constitutional
interpretation" that Justice Antonin Scalia is so righteously associated with--his own
personal brand of Judicial Activism.
The case was Hollingsworth v Perry, and it is absolutely the most
ignorant and/or ideologically intentional decision in recent history.
The
basic thing was that some members of the City Council in a city of 94,000 people
in western New York called ironically, Greece, wanted to open their public
governmental meetings with a guest minister (Christian only) to prayer. Some other citizens felt that this
suggested an endorsement of Christianity in the least and Theism in the
most. They asked the council to be
more inclusive--and the council refused.
Lower courts agreed with the citizens who were concerned, but not the
Supreme Court.
The conservative majority offered varying
interpretations of when such "ceremonial" prayers would be
permissible. Kennedy, along with Chief Justice John Roberts and Justice Samuel
Alito, focused on the specifics of the Greece case and did not offer a broad
expansion of legislative prayer.
Fellow conservative Justices Clarence Thomas and Antonin Scalia went
further, suggesting that even any "subtle pressure" that local
citizens might feel would not be enough to ban such prayers.
Seriously? Are Scalia and Thomas off their
meds? Do they NOT recognize the
coercive nature of religious practice imposed upon the whole? What single force in the history of
this planet has been more divisive, intolerant, exceptional, and
anti-democratic than Religion?
Please, PLEASE, name one.
And
why the hell should 5 members of the Catholic Church tell this nation what is
what when it comes to the separation of Church and State? It's the Kennedy nightmare that NEVER
was creeping into our lives via SCOTUS.
In dissent, Justice Elena Kagan said, "When the citizens of this
country approach their government, they do so only as Americans, not as members
of one faith or another. And that means that even in a partly legislative body,
they should not confront government-sponsored worship that divides them along
religious lines."
Thank the Atoms and Void for a judge who is able to see the world in a
way that is inclusive and not ideological.
No comments:
Post a Comment