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Old 05-02-2018, 02:35 PM
Corry El is offline
Join Date: Jan 2013
Posts: 3,588
Originally Posted by running coach View Post
Religious Displays and the Courts

Religious Liberty: Landmark Supreme Court Cases

If cities and states can't establish religion, I fail to see how Congress can. Especially as Congress is directly prohibited in the Constitution from such actions.
Just because no one has had the balls to make a fuss doesn't make it right.
There are non-Christian Congresspersons. Why should they do without?
The only mention of chaplains in either of those links is Marsh v. Chambers (1983) where the USSC found the Nebraska legislature's practice of opening its sessions with a prayer by a chaplain paid from public funds was not a violation of the Establishment Clause.

So while it's fair for you like anyone else to have their opinions how the constitution should be interpreted, including overturning old decisions, it doesn't seem to be just a matter of lack of balls, but a history of rulings that the EC does not mean banishment of references to Christianity or especially generalized monotheistic expressions (often what it actually is) in the public sphere.

And, the kind of concept you propose is definitly not what "Congress shall make no law respecting an establishment of religion" meant at the time. It meant the new govt should not officially favor one Protestant denomination over others. Catholicism let alone other religions were secondary considerations. The concept of banning reference to God in the public sphere might be a good one (though I can't gtee I agree personally), but it's not what they were talking about then, so isn't supported by simple reference to the text of the 1st amendment. It's a relatively new concept.

Last edited by Corry El; 05-02-2018 at 02:37 PM.