Court of Appeals: Constitution "does not demand a wall of separation between church and state."

American Family Association of Michigan ^ | December 21, 2005 | American Family Association of Michigan

[AFA-Michigan]

Values group hails unanimous decision Tuesday

CINCINNATI -- In an astounding return to judicial interpretation of the actual text of the United States Constitution, a unanimous panel of the 6th Circuit U.S. Court of Appeals Tuesday issued an historic decision declaring that "the First Amendment does not demand a wall of separation between church and state."

In upholding a Kentucky county's right to display the Ten Commandments, the panel called the American Civil Liberties Union's repeated claims to the contrary "extra-constitutional" and "tiresome."

See Cincinnat Enquirer at: http://news.enquirer.com/apps/pbcs.dll/article?AID=/20051221/NEWS01/512210356/1056

See U.S. Court of Appeals decision, page 13: http://www.ca6.uscourts.gov/opinions.pdf/05a0477p-06.pdf

"Patriotic Americans should observe a day of prayer and thanksgiving for this stunning and historic reversal of half a century of misinformation and judicial distortion of the document that protects our religious freedoms," said Gary Glenn, president of the American Family Association of Michigan.

"We are particularly excited that such an historic, factual, and truth-based decision is now a controlling precedent for the federal Court of Appeals that rules on all Michigan cases," Glenn said.

6th Circuit Judge Richard Suhrheinrich wrote in the unanimous decision: "The ACLU makes repeated reference to the 'separation of church and state.' This extra-constitutional construct has grown tiresome. The First Amendment does not demand a wall of separation between church and state. Our nation's history is replete with governmental acknowledgment and in some cases, accommodation of religion."

The words "separation of church and state" do not appear in the U.S. Constitution, though according to polls, a majority of Americans have been misled to believe that they do, Glenn said.

For background information, see:
http://www.answers.com/topic/separation-of-church-and-state-in-the-united-states

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[FredFlash]

Show me where the Constitution grants the government any authority whatsoever to issue religious advice; then show me where its moral authority is obtained.?

[FredFlash]

What is an "establishment of religion?"

[FredFlash]

I know it by heart. What does "Religious opinion is virutally unlimited" mean? Never heard of no govt. authority over religion put quite that way.

[FredFlash]

What principle is violated by holding a religious service in a govt. building>

[Always Right]

Where did President Richard Nixon get the moral authority to give me religious advice?

The same place you got yours.

[RobbyS]

It means you can believe anything you want, but there are things you cannot say and things you cannot do.

[Always Right]

What is an "establishment of religion?"

I suppose that is the million dollar question. In my mind it is a church.

[Leatherneck_MT]

The times they are a changin..

Let's hope we can keep the trend moving back to Constitutional Government.

[Always Right]

What if it was the clerk at tax office?

If you wish to discuss religion with the lady at the tax office, that is your business. If your tax bill was determined on that discussion, then it would be wrong.

[VOYAGER]

Court of Appeals: Constitution "does not demand a wall of separation between church and state."

True, but when something is puked up long and often enough by proponents of this demand ie; Main Stream Media, Liberal Left Dem Burros it, like an old wives' tale, is accepted as the law of the land!

And to keep from rocking the boat the rest of the "cattle" go along with it like a small herd of yearling stocker cattle, being in an unfamiliar pasture, walking along a fence single file nose to rearend rearing up on top, without stopping, of the animal just ahead.

This pictured common activity of cattle reminds one of the Dem butts during their attempted pillorying and the foul verbal flaying of Judge Samuel Alito.

Surely they are despised for it.

[FredFlash]

Where is the coercion?

[FredFlash]

How about this - "The duty that we owe to the Creator." That was the Virginia definition and it was the Virginia view of religious freedom that prevailed during the Early Republic (1789 to the Civil War).

[FredFlash]

Can the government give me legal advice?

[RobbyS]

Maybe not you, but it does give free legal services, if that is what you mean?

[FredFlash]

During the debates that framed the First Amendment, forms of the word "establish" were used by the Representatives to refer to concepts other than a national church like the Church of England.

Rep. Huntington used the word "establishment" to refer to an establishment of religion in Massachusetts and New Hampshire that did not even mention a particular doctrine or form of worship. He was referring to the establishment by law of the duty to support the "Protestant" religion. Protestant was not defined in the statute and any church that claimed to be Protestant could be voted by the locals to receive the support.

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MR. HUNTINGTON said that he feared, with the gentleman first up on this subject, that the words might be taken in such latitude as to be extremely hurtful to the cause of religion. He understood the amendment to mean what had been expressed by the gentleman from Virginia; but others might find it convenient to put another construction on it. The ministers of their congregations to the eastward were maintained by contributions of those who belong to their society; the expense of building meeting houses was contributed in the same manner. These things were regulated by bylaws. If an action was brought before a federal court on any of these cases, the person who had neglected to perform his engagements could not be compelled to do it; for a support of ministers or buildings of places of worship might be construed into a religious establishment.

[Always Right]

Where is the coercion?

Come on, ask intelligent questions.

[Always Right]

Odd, but a google search on that phrase, "The duty that we owe to the Creator", only turns up one result.....from you.

[rwfromkansas]

I have looked at the entire exhibit online.

[Always Right]

We know your feelings towards the establishment clause, but how about the freedom of religous expression clause? Isn't it the work of Satan that Churches apply for 501(c)3 tax exempt status? Where in the Constitution does the IRS get the power to say what a Church can say? Madison and Jefferson would be more irate over given the IRS authority over the status of a church than anthing else going on. You have make an extreme interpretation of the establishment clause but seem oblivious to the freedom of expression clause.

[FredFlash]

Try the - Virginia Bill of Rights of 1776 - George Mason is credited with it - Patsy Henry claimed he formulated it - James Madison used it in his Memorial - Two of the five religious freedom amendments recommended by the State Conventions (Va. and N. C.) - St. George Tucker used it in his famous 1803 commentaries - The Supreme Court adopted it in 1878 in Reynolds v. U. S.