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Ala. Judge Loses Ten Commandments Appeal
Washington Post ^ | July 1, 2003 | Associated Press

Posted on 07/01/2003 2:47:12 PM PDT by Lurking Libertarian

ATLANTA - A federal appeals court ruled Tuesday that a Ten Commandments monument the size of a washing machine must be removed from the Alabama Supreme Court building.

The 11th U.S. Circuit Court of Appeals unanimously affirmed a ruling by a federal judge who said that the 2 1/2-ton granite monument, placed there by Alabama Chief Justice Roy Moore, violates the constitutional separation of church and state.

[snip]

Moore put the monument in the rotunda of the courthouse in the middle of the night two summers ago. The monument features tablets bearing the Ten Commandments and historical quotations about the place of God in law.

[click link to read remainder of article]

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Breaking News; Constitution/Conservatism; Front Page News; US: Alabama
KEYWORDS: churchandstate; roymoore; tencommandments
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To: Dog Gone
It's just that the Supreme Court's arguments carry significantly more weight.

Their errors carry as much weight as they do because too many people assume that how they rule truly does reflect what the Constitution says. And that enables them to go further and further overboard with their rulings. Now of course this is different from the question of whether their rulings have power to them. But we have a holiday coming up to remind us that might doesn't make right.

561 posted on 07/03/2003 12:25:16 PM PDT by inquest
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To: lugsoul
I think I will try this "tyranny of the lone protester" thing and challenge the govt. school's right to give my 12 year old daughter an abortion without my permission! (legal in California!). Do you think I have a snowball's chance in Hades? It's all about ideology, not objective right and wrong and you know it.
562 posted on 07/03/2003 12:42:42 PM PDT by exmarine
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To: exmarine
Well, we just disagree on this one. The Courts - not just "godless amoral morons," but all the Courts - agree on this one point. A government teacher, acting in his role as a government teacher, standing at the front of the room and leading a prayer, is not a person exercising his faith - it is the STATE praying. And the State praying to a Christian god is the State favoring Christianity. Just like the teacher turning on a broadcast of the muezzin, throwing down a prayer rug and facing Mecca for prayer is the State favoring Islam. Just like your boss can tell you pray whenever you want, but not on my time - these folks work for us, and they are on our time and on our dime.
563 posted on 07/03/2003 12:50:51 PM PDT by lugsoul
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To: exmarine
Schools can give abortions in California? I kind of doubt that.

Well, the fact that you live there kind of explains what looks to me to be a suspicion that everyone is always acting out of some liberal motive. I am amazed you can stay there without your head exploding.

See, if you were here in the South, you'd know that striking Judge Roy's Ten Commandments was an aberration, so he must've been out of line. We have religious displays all over the place, and the courts allow them all the time. This very 11th Circuit allowed the Ten Commandments in a courtroom in Albany, Georgia just two weeks before they struck Judge Roy's monument. We still pray at football games, and at most graduations. So you have to know that this guy was crossing the line to get slapped down by a conservative panel the way he did. Just read it.

Remember the question I asked you about following orders? Imagine a unit commander just decides for himself that he doesn't agree with a standing order, and takes the position that he won't follow it, even if his CO tells him to. That's exactly what Judge Roy is doing - and he is also taking the position that he has more power than the Federal appeals court just because he thinks he knows better than them. This is about nothing more than his own appetite for power and publicity. Why do you think he filmed the installation, if he wasn't setting up the confrontation? Then he comes into court and gives testimony that absolutely ensures the court will rule against him? Just read it.

564 posted on 07/03/2003 12:58:55 PM PDT by lugsoul
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To: lugsoul
And in a like sense, when a teacher is evangelizing on behalf of homosexuality, or affirmative action, or just more government funding, it is not a person saying these things, but the state, correct? But how many teachers would screech bloody murder if anyone tried to restrict their "free speech" in this way?
565 posted on 07/03/2003 12:59:54 PM PDT by inquest
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To: inquest
They can screech all they want, but you will not find a court decision that says a teacher has a 1st Amendment right to say whatever they want when they are teaching - and retain their job. You won't find it. So your analogy fails.
566 posted on 07/03/2003 1:02:33 PM PDT by lugsoul
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To: lugsoul
Well, we just disagree on this one. The Courts - not just "godless amoral morons," but all the Courts - agree on this one point. A government teacher, acting in his role as a government teacher, standing at the front of the room and leading a prayer, is not a person exercising his faith - it is the STATE praying.

Oh really, then you need to write to SCOTUS and tell them they must stop the teaching of atheism in govt. schools! No honest person can look at the curriculum and deny that. Atheism/naturalism taught as the official state religion in every govt school. When a school teaches a kid that evolved from a chimp, that's not endorsing atheism as a state religion? Or when you teach him situational ethics rather than objective right and wrong - that's not endorsing atheism. It seems everything that is taught in govt. schools is wholly consistent with atheism. Are you going to try to claim that atheism is not a religion? Please try so I can pounce.

567 posted on 07/03/2003 1:04:12 PM PDT by exmarine
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To: lugsoul
But the court still isn't going to force them to stop saying it on the ground that it "offends" or "unduly influences" those who hear it. This despite the fact that many of these things are far more abusive of their power than simply saying a prayer.
568 posted on 07/03/2003 1:05:57 PM PDT by inquest
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To: exmarine
Well, your examples are all over the map. Is teaching natural selection endorsing the position that there is not God? No. While "situational ethics" is a nice catch phrase, I haven't seen that course offering in school.

I read Nietzche and Satre in school - but I also read Kierkegaard. I don't think either was favored, but Kierkegaard left the greater impression. So maybe I was being taught Christianity.

In answer to your main point - call me whatever name you may want, but I don't think the schools in my part of the world promote atheism. If you think they do, you haven't seen either the school boards or the PTA here.

By the way - schools are local phenomena. There is no federal mandate commanding them to teach atheism. If your kid's school is teaching atheism, then the remedy lies with the parents, by dealing with the board and the administration. But it sounds to me like you don't want them to JUST not teach atheism, you want them to teach Christianity. You know, there are schools for that.

569 posted on 07/03/2003 1:11:51 PM PDT by lugsoul
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To: inquest
You are right - the court won't force them to stop, because there is not a constitutional prohibition it. But what happens is they get fired, and they have no constitutional redress. What's the difference?
570 posted on 07/03/2003 1:13:36 PM PDT by lugsoul
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To: lugsoul
Schools can give abortions in California? I kind of doubt that.

I think I know the laws of my own State. Schools take them to bet an abortion silly, they don't perform the abortion. And it's a fact! Want to defend it?

Well, the fact that you live there kind of explains what looks to me to be a suspicion that everyone is always acting out of some liberal motive. I am amazed you can stay there without your head exploding.

Our culture is dominated by liberal philosphy (which is embued with moral relativism) - of that there is no doubt. Just watch TV any night of the week, or read any major newspaper. In fact, those who hold to traditional Christian values in the United States (I would say about 30% of the population) are the ONLY significant block of such people left in the western world, but they are still a minority in America. Gore won the popular vote, remember? The guy who wanted to FORCE the Boy Scouts to accept gay scout leaders! THOSE EVIL BOY SCOUTS! I don't know how old you are, but when I was a kid, there were still some morals left in America. Then the 60s and their "if it feels good do it" ethics took the nation by storm. They threw out anything of any moral value and adopted their own moral values (morals by personal preference) and the courts and the legislatures and our culture and our media now all reflect those hedonistic amoral values. Those are not my values.

See, if you were here in the South, you'd know that striking Judge Roy's Ten Commandments was an aberration, so he must've been out of line. We have religious displays all over the place, and the courts allow them all the time. This very 11th Circuit allowed the Ten Commandments in a courtroom in Albany, Georgia just two weeks before they struck Judge Roy's monument. We still pray at football games, and at most graduations. So you have to know that this guy was crossing the line to get slapped down by a conservative panel the way he did. Just read it.

GOD BLESS THE SOUTH. They are the last bastion of traditional Christian values in America.

Imagine a unit commander just decides for himself that he doesn't agree with a standing order, and takes the position that he won't follow it, even if his CO tells him to. That's exactly what Judge Roy is doing - and he is also taking the position that he has more power than the Federal appeals court just because he thinks he knows better than them.

If any law contradicts my God-given freedoms or rights, it should be defied and ignored. Can you show me in the Constitution where churches are not allowed to have political views? Another restriction on speech by Christians. If I had my own church, I would say IRS be damned and pay their tax and I would say what I wanted - just as preachers did during the Revolution. MORAL PRINCIPLE trumps everything - even some elitist snob in a black robe. No one will every stop me from exercising my religion in any form I wish, anywhere I wish, any time I wish. If that means I get fired from my job, fire away! If that means I am arrested, get the cuffs out! I will not be cowed by intimidation of the State.

571 posted on 07/03/2003 1:19:02 PM PDT by exmarine
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To: lugsoul
You are right - the court won't force them to stop, because there is not a constitutional prohibition it.

If talking religion violates their rights of the students, then talking politics violates them also. Did you think the Founders were concerned about mere aesthetics when they wrote the first amendment? They wrote it to prevent government from exercising, in Jefferson's words, "tyranny over the minds of men". That's the only context in which the establishment clause can be judged. Religious establishments were used to control expression, so that's why they were proscribed.

And there was no requirement that "religion" had to involve anything supernatural. Anything which promotes one set of views about anything over another set, to the point where it infringes on people's right to express themselves, would have to fall under the purview of the clause.

572 posted on 07/03/2003 1:25:51 PM PDT by inquest
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To: lugsoul
Well, your examples are all over the map. Is teaching natural selection endorsing the position that there is not God? No. While "situational ethics" is a nice catch phrase, I haven't seen that course offering in school.

You can't win this one. They teach it started with the Big Bang, then the universe evolved over billions of years, galaxies, stars and planets formed; the molten earth cooled, oceans formed, life sprang spontaneously (haha) from the primordial ooze, and bacteria evolved into men, chimps or some common ancestor thereof, into human beings. That's not atheism? It most certainly is! Show me one single scientific or ethical teaching in govt. schools that is NOT consistent with atheism. They even hand out condoms because they reason that teenagers are hormone-stoked ANIMALS that couldn't control their drives if they wanted to - no animal can! If origins are not religious in nature, then why do they refuse to allow teachings of a theistic origin? huh?

In answer to your main point - call me whatever name you may want, but I don't think the schools in my part of the world promote atheism. If you think they do, you haven't seen either the school boards or the PTA here.

Oh well they don't do it overtly, they just ensure that every single curriculum is consistent with it. I'm sure there are some exceptions in the South. Come to L.A. or go to NYC and see what you find.

By the way - schools are local phenomena. There is no federal mandate commanding them to teach atheism. If your kid's school is teaching atheism, then the remedy lies with the parents, by dealing with the board and the administration. But it sounds to me like you don't want them to JUST not teach atheism, you want them to teach Christianity. You know, there are schools for that.

Local? Really? Tell that to the national teacher's union and the courts who treat them as an arm of the federal govt. The point is that your position is inconsistent and does not ensure EQUAL treatment under the law. It fails miserably.

573 posted on 07/03/2003 1:27:17 PM PDT by exmarine
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To: exmarine
"If any law contradicts my God-given freedoms or rights, it should be defied and ignored."

Maybe for a revolutionary, but not for an officer of the court. Unless, of course, you are an anarchist.

574 posted on 07/03/2003 1:29:21 PM PDT by lugsoul
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To: lugsoul
Add - if he can't enforce the law, he should resign. Just like if the officer can't follow the order, he should resign.
575 posted on 07/03/2003 1:30:02 PM PDT by lugsoul
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To: lugsoul
Didn't you know about the special abortion suites in California schools?

;)

576 posted on 07/03/2003 1:30:54 PM PDT by Chancellor Palpatine (want me in your thread to insult True Conservatives? just summon me at http://www.minionofsatan.com)
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To: inquest
Amazing. Argue on one hand that the words of the Constitution are absolute, and on the other that they have no meaning.

Religion is not politics. Religion is not philosophy.

There is no constitutional ban on the state having a political preference. There is no constitutional ban on the state having a philosophical preference. There is a constitutional ban on the state having a religious preference. If you can't distinguish between those, that is your issue. Most of us can, and the courts don't seem to have had any problem with it either.

577 posted on 07/03/2003 1:33:55 PM PDT by lugsoul
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To: lugsoul
Maybe for a revolutionary, but not for an officer of the court. Unless, of course, you are an anarchist.

Let me clue you in on something I mentioned before. The govt is not the highest moral authority - God is. The D of I says as much. The Roman empire slaughtered Christians NOT because they worshipped Christ, but becuase they would not worship the Emperor ALSO. They were deemed a threat to the State because they did not buy into the pluralistic morality of Rome. Rome could not tolerate any authority higher than it. Sound familiar? I am far from an anarchist. I am a Christian Constitutionalist. I have noticed that there aren't 5 people in Washington who even follow the Constitution with all of their anti- and extra-constitutional legislation. Show me in teh Constitution where it allows for an EPA, or an IRS. We fought a revolution over a 2% stamp tax! I am neither a Republican nor a Democrat - both parties are corrupt beyond repair. I am not a conservative - there is nothing left to conserve. I'm not a libertarian because they don't care about open borders and they believe that men are basically good by nature (wrong-headed!).

578 posted on 07/03/2003 1:35:52 PM PDT by exmarine
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To: exmarine
Well, I'm not trying to "win" anything. You believe that all of our schools and our entire culture and a large majority of our populace is infected with a godless amoral relativist disease pushed upon us with the sanction of the government and the complicity of a homo/feminist/atheist media. That's your world, not mine.
579 posted on 07/03/2003 1:36:50 PM PDT by lugsoul
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To: lugsoul
Maybe for a revolutionary, but not for an officer of the court. Unless, of course, you are an anarchist.

Let's see...what was the name of that famous Nazi judge who hung the bomb-plot conspirators....he followed the law as he understood it too.

580 posted on 07/03/2003 1:37:07 PM PDT by exmarine
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