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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

Posted on 12/21/2005 1:12:17 PM PST by 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

# # #


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: Kentucky; US: Michigan
KEYWORDS: 10commandments; 1alcucasedown; 1stamendment; 6thcircuit; aclu; afa; amendment; church; commandments; constitution; establishmentclause; firstamendment; kentucky; mdm; moralabsolutes; nohtmlintitle; prayer; proudmilitant; religiousfreedom; ruling; separation; state; tencommandments
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To: postaldave

This is HUGH. It has knocked the liberals on their arses. Bwahahahahahahahaha.


101 posted on 12/21/2005 7:17:53 PM PST by Parley Baer
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To: Stultis

Shortly before the outbreak of the Revolutionary War, an evangelical Baptist preacher named "Swearing Jack" Waller attempted to lead a prayer meeting without a license from the colonial government of Virginia. Because he was violating Virginia's religion laws, "Swearing Jack" was jerked off his platform by sheriff's men who proceeded to beat his head against the ground. The sheriff then lashed him 20 times with a horsewhip.

At this time, the Church of England (also known as the Anglican Church) was the established religion of Virginia. This meant that the Anglican Church was the only officially recognized church in the colony. Virginia taxpayers supported this church through a religion tax. Only Anglican clergymen could lawfully conduct marriages. Non-Anglicans had to get permission (a license) from the colonial government to preach.

Although the Anglican Church was the sole established church in all five Southern colonies, other protestant Christian churches became established in the towns of the Northern colonies of New York, Massachusetts, Connecticut, and New Hampshire. Each town chose by majority vote one Protestant church to be supported by taxpayers. In these colonies, one church usually predominated. For example, in Massachusetts almost all towns selected the Congregational Church since the majority of people living in the colony belonged to that faith.

Thus, on the eve of the Revolutionary War, nine of the 13 colonies supported official religions with public taxes. Moreover, in these colonies, the government dictated "correct" religious belief and methods of worship. Religious dissenters, like "Swearing Jack," were discriminated against, disqualified from holding public office, exiled, fined, jailed, beaten, mutilated, and sometimes even executed. Only Rhode Island, Pennsylvania, New Jersey, and Delaware did not have a system linking church and state. After the Revolution, leaders like Jefferson and Madison worked to ensure freedom of religion for all citizens of the new nation.


102 posted on 12/21/2005 7:18:13 PM PST by EBH (Never give-up, Never give-in, and Never Forget)
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To: AFA-Michigan

http://www.kentucky.com/mld/kentucky/news/local/13453457.htm


103 posted on 12/21/2005 7:26:37 PM PST by postaldave (i've given up on being mad in exchange for bitter sarcasm.)
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To: AFA-Michigan

Take a look at ACLU.org--they don't even MENTION this case. HAHAHA!


104 posted on 12/21/2005 7:57:02 PM PST by montag813
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To: postaldave
Lexington Herald-Leader
Wed, Dec. 21, 2005

Appeals court upholds Kentucky Ten Commandments display

JEFFREY McMURRAY
Associated Press

Par. 8 The appeals court said the ACLU was relying on a false understanding of that clause.

Par. 9 "This extraconstitutional construct has grown tiresome," Suhrheinrich wrote. "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."

Paragraphs 8 & 9 from the full article posted in the Lexington Herald-Leader

Thanks for posting the link!

Semper Fi

105 posted on 12/21/2005 8:22:55 PM PST by An Old Man (USMC 1956 1960)
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To: PatriotCJC
WHOLLY SHIITE!!

Good one! I can't stop laughing when I saw this.

ROFLMAO!

106 posted on 12/21/2005 8:33:56 PM PST by rcrngroup
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To: newzjunkey

"This can't possibly be true! The ACLU takes a loss on a "separation of church and state" case?"

The only thing that would make it better would be for the court to order the ACLU to pay KY's attorney fees. (They'd probably appeal it -- sarcasm intended.)


107 posted on 12/21/2005 9:14:43 PM PST by Fruit of the Spirit
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To: AFA-Michigan

I knew right away that they weren't talking about the 9th Circus.


108 posted on 12/21/2005 9:20:38 PM PST by SmithL (Jerusalem, Jerusalem, Lift up your gates and sing, Hosana in the highest! Hosana to your King!)
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To: AFA-Michigan
"The ACLU makes repeated reference to the 'separation of church and state.' This extra-constitutional construct has grown tiresome..."

People have always told me that the ACLU always wins because they happen to have REALLY GOOD LAWYERS.
I have always stopped them and corrected:
The ACLU just has a lot of REALLY BAD LAWYERS whom a lot of REALLY BAD JUDGES happen to agree with.
All it would take is a few GOOD JUDGES to make the ACLU look like DUNCES!
109 posted on 12/21/2005 9:32:27 PM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
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To: AFA-Michigan

I wish some court would get even bolder and point out that the intent of the "establishment clause" portion of the First Amendment was only that Congress shall not ever establish a "national" church, i.e., the equivalent of the "Church of England."

The term "established" church had a very specific meaning in those times.


110 posted on 12/21/2005 9:32:31 PM PST by kaehurowing
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To: AFA-Michigan

I thought for a second this was Scrappleface.


111 posted on 12/21/2005 9:33:02 PM PST by gotribe (Hillary: Accessory to Rape)
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To: rcrngroup
WHOLLY SHIITE!! Good one! I can't stop laughing when I saw this. ROFLMAO!

May not be that funny.
Maybe the 6th Circuit's change of heart is only because they are about to order us to CONVERT TO ISLAM.
(Dearborn is in the 6th Circuit!)
112 posted on 12/21/2005 9:38:56 PM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
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To: AFA-Michigan

Should another place on the Supreme Court need filling, 6th Circuit Judge Richard Suhrheinrich would have my vote on this alone.


113 posted on 12/21/2005 10:10:19 PM PST by skr ("That book [Bible], sir, is the rock on which our republic rests."--Andrew Jackson)
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To: AFA-Michigan

"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. "

Finally, someone with some common sense!!!


114 posted on 12/21/2005 10:10:46 PM PST by seawolf101
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To: AFA-Michigan

sanity.... what sweet sanity


115 posted on 12/21/2005 10:13:34 PM PST by GeronL (1678 computer infections and still Freeping!!!)
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To: AFA-Michigan

amazing.


116 posted on 12/21/2005 11:05:03 PM PST by patent (A baby is God's opinion that life should go on. Carl Sandburg)
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To: AFA-Michigan

A miracle at Christmas time. What a season! Angels dance tonight.


117 posted on 12/21/2005 11:29:58 PM PST by conservativepoet
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To: AFA-Michigan

great news.


118 posted on 12/22/2005 2:34:58 AM PST by commonguymd (Momentum)
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To: Parley Baer

To my American brothers & sisters

As I was going to say my prayers
I saw a wall that wasn't there.
It wasn't there again today,
I wish that wall would go away.

(and now it has!)

Great early Christmas present eh?


119 posted on 12/22/2005 4:28:27 AM PST by vimto (Life isn't a dry run)
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To: Tzimisce
Atheism: The only religion truly endorsed by the US government. :)

If you are looking for a tagline that quote would be great.

120 posted on 12/22/2005 5:11:11 AM PST by Personal Responsibility (Liberalism is the philosophy of the stupid - The Great One)
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To: tutstar; 2Jedismom; JamesP81; Sybeck1; pamlet; aumrl; HeadOn; mariabush; nmh; Ingtar; Blogger; ...

Baptist ping


121 posted on 12/22/2005 6:04:24 AM PST by WKB (If you can't dazzle them with brilliance.. then Baffle them with BS)
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To: Cicero
Actually the Constitution says:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;"

That last phrase gets left off all the time and it's a real sticking point.

Kudos to the 6th circuit for adhering to the Constitution and not an interpretation by others.
122 posted on 12/22/2005 6:19:21 AM PST by brothers4thID ("Kerry demands that Iraqis terrorize children in the dead of night")
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To: Stultis

Minor quibble: Congress didn't write the Constitution.


123 posted on 12/22/2005 6:24:56 AM PST by brothers4thID ("Kerry demands that Iraqis terrorize children in the dead of night")
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To: AFA-Michigan

MERRY CHRISTMAS!


124 posted on 12/22/2005 6:26:48 AM PST by AmericanDave (Woe is the Income Tax...... and more Cowbell...)
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To: wagglebee

bookmark for link


125 posted on 12/22/2005 6:28:01 AM PST by brothers4thID ("Kerry demands that Iraqis terrorize children in the dead of night")
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To: AFA-Michigan

This is something all Christians, everywhere, should be in vigilant prayer about.


126 posted on 12/22/2005 6:36:39 AM PST by Sensei Ern (Now, IB4Z! http://www.myspace.com/reconcomedy/ "Cowards cut and run. Heroes never do!")
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To: AFA-Michigan
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."

This is truly astounding and wonderful news. A nice Christmas present for us all.

127 posted on 12/22/2005 6:42:58 AM PST by Aquinasfan (Isaiah 22:22, Rev 3:7, Mat 16:19)
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To: Cicero

Oh wow... I really hope the ACLU does appeal it to the SCOTUS. What are the odds they won't though, thinking they may not get the decision they want?


128 posted on 12/22/2005 6:58:37 AM PST by mosquitobite (As the Iraqis stand up, we will stand down.)
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To: brothers4thID

Thank GOD! LOL!


129 posted on 12/22/2005 7:01:12 AM PST by mosquitobite (As the Iraqis stand up, we will stand down.)
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To: mosquitobite

Wonderful! Thank God someone with Common Sense is whacking the ACLU right in the cojones!

Keep praying for the SCOTUS to uphold the Constitution, and not the Soviet Constitution!


130 posted on 12/22/2005 7:17:40 AM PST by shenandoah_pa (www.PAFairTax.org)
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To: Cicero
One of the major purposes of education was to teach kids the moral rules. Now all you are allowed to tell them is, "Be nice. Don't be judgmental. Tolerate everything."

One of the major purposes of a true education is moral instruction. Anything less is child abuse.

131 posted on 12/22/2005 7:23:26 AM PST by Aquinasfan (Isaiah 22:22, Rev 3:7, Mat 16:19)
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To: AFA-Michigan

FINALLY... A COURT GOT THIS RIGHT!


132 posted on 12/22/2005 7:26:32 AM PST by HamiltonJay
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To: A. Pole

It was in the Soviet Constitution??? I will have to look that up--I had no idea it was there. Thanks for the information. This could be very helpful when speaking to certain people in my neighborhood.


133 posted on 12/22/2005 7:38:06 AM PST by SoftballMominVA
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To: mlc9852

ACLU=Acknowledged Communistic Losers' Union.


134 posted on 12/22/2005 7:39:41 AM PST by GOPologist ("On some days you may feel like a dog; on other days you may feel like a hydrant!")
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To: little jeremiah; andie74

LJ. somewhat off topic for moral ping list or the HA pinglist but good news for all.


135 posted on 12/22/2005 8:18:43 AM PST by John O (God Save America (Please))
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To: John O

Not off topic at; top dead center!

Will ping it out later.


136 posted on 12/22/2005 9:57:45 AM PST by little jeremiah
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To: AFA-Michigan

Bump for later read!


137 posted on 12/22/2005 10:13:43 AM PST by GGpaX4DumpedTea
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To: AFA-Michigan

well, looks like the ACLU walked into the wrong courtroom this time...


138 posted on 12/22/2005 10:20:43 AM PST by Edgerunner (Proud to be an infidel)
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To: AFA-Michigan
"In an astounding return to judicial interpretation of the actual text of the United States Constitution..."

Whoa. Judges actually learning how to read. The Libs must be really spinning today!

139 posted on 12/22/2005 10:37:43 AM PST by varyouga (I no longer fear death. I only fear the day when the DUmmies take over.)
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To: mlc9852

"I really wish the ACLU would be declared a terrorist group and all of their lawyers sent to one of our nonexistent prisons..."

Hopefully you are including the one who sits on the USSC...


140 posted on 12/22/2005 10:49:42 AM PST by GGpaX4DumpedTea
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To: AFA-Michigan

This loss will make the ACLU show their true colors more strongly. See tagline.


141 posted on 12/22/2005 10:58:17 AM PST by polymuser (Losing, like flooding, brings rats to the surface.)
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To: UnbelievingScumOnTheOtherSide

Don't ever forget -- judges (and most politicians) are the spawn of lawyers.


142 posted on 12/22/2005 10:59:20 AM PST by polymuser (Losing, like flooding, brings rats to the surface.)
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To: AFA-Michigan

This is a big deal. A really big deal.


143 posted on 12/22/2005 11:09:37 AM PST by rightinthemiddle (I might be wrong, but I'm always right.)
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To: AFA-Michigan
Thank you for the post. I read the courts opinion and it warmed my heart. "The ACLU ...... does constitute a reasonable person."

I love it. Merry Christmas to you and yours.

144 posted on 12/22/2005 11:30:35 AM PST by Fielding ("Others have died for my freedom, now this is my mark" Cpl. Jeffrey B. Starr")
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To: AFA-Michigan

Fantastic news. Thank you!


145 posted on 12/22/2005 11:37:50 AM PST by djreece ("... Until He leads justice to victory." Matt. 12:20c)
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To: ohioWfan; snugs; MJY1288; Wolfstar; TruthNtegrity; homemom

fyi


146 posted on 12/22/2005 11:38:03 AM PST by GretchenM (Hooked on porn and hating it? Visit http://www.theophostic.com .)
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To: BikerTrash

And why is it so hard to believe?


147 posted on 12/22/2005 11:41:33 AM PST by confederate_infidel (Tunafish: tastes like Santa's reindeer.)
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To: mlc9852
...and all of their lawyers sent to one of our nonexistent prisons in Croatia or somewhere...

Unfortunately, lawyers are a dime a dozen (despite the outrageous fees they charge). This is especially true for Leftist lawyers, who appear in droves fully formed from the womb.

148 posted on 12/22/2005 11:55:25 AM PST by Wolfstar ("In war, there are usually only two exit strategies: victory or defeat." Mark Steyn)
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To: Cicero
And if Jefferson used that phrase in a letter, so what?

Indeed. Jefferson was in France when the Constitution was written, so even in his own day he was hardly an expert on it. Then, despite all his utterings about small government, he was the first president to massively expand the powers of the federal government beyond what the Constitution provided. He also allowed the federal courts to grab far more power than the Constitution gave them, and we've been paying the price ever since.

149 posted on 12/22/2005 12:00:33 PM PST by Wolfstar ("In war, there are usually only two exit strategies: victory or defeat." Mark Steyn)
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To: plain talk
What good are these victories if no one but FReepers know about it?

Trust me. This one will go up to the Supreme Court. It has to, because now there are very different judicial interpretations of the establishment clause in use in different areas of the country. Once it gets to the Supreme Court, everyone who pays any attention to real news in this country will hear about it.

150 posted on 12/22/2005 12:04:09 PM PST by Wolfstar ("In war, there are usually only two exit strategies: victory or defeat." Mark Steyn)
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