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Supreme Court: Prayer at council meetings constitutional

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  • Just Some Dude
    replied
    Considering what it very likely could have been, I'll just give it a yea! and pray that the officials keep pushing in the right direction.

    Leave a comment:


  • Thoughtful Monk
    replied
    Originally posted by DesertBerean View Post
    When we were little, one of my brothers created a word to express mixed feelings...."YayBoo". Seems appropriate here. YAY that the SCOTUS ruled in favor even though it was right down the middle...and BOO on the inclusiveness conditions even though I realize it does sorta honor the anti establishment concept.
    I'm sort of with you on the YAY-BOO for the same reasons.

    On the other hand, I confess part of my wishes the town had lost. Now the whole America was founded as a Christian nation starts up again instead Christians admitting America has abandoned God and treating the nation like the pagan mission field it has become.

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  • Carrikature
    replied
    Originally posted by Spartacus View Post
    Yes. Marsh v Chambers discussed that, IIRC, but I don't recall exactly how the majority managed to weasel its way out of the obvious.
    From http://www.oyez.org/cases/1980-1989/1982/1982_82_23

    Source: Marsh v. Chambers

    In a 6-to-3 decision, the Court upheld the chaplaincy practice. In his opinion for the Court, Chief Justice Warren Burger abandoned the three-part test of Lemon v. Kurtzman, which had been the touchstone for cases involving the Establishment Clause. In its place, Burger rested the Court's opinion on historical custom. Prayers by tax-supported legislative chaplains could be traced to the First Continental Congress and to the First Congress that framed the Bill of Rights. As a consequence, the chaplaincy practice had become "part of the fabric of our society." In such circumstances, an invocation for Divine guidance is not an establishment of religion. "It is," wrote Burger, "simply a tolerable acknowledgment of beliefs widely held among the people of this country."

    © Copyright Original Source



    Since the people who wrote the thing were ok with it, it must not have been a violation.

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  • Psychic Missile
    replied
    Interesting. It seems to be another case of allowing for variety vs ending a practice, like with ten commandment monuments. The case had nothing to do with whether the town should end the practice of prayer before meetings. It had to do with the content of those prayers. The dissent is that the town didn't put forth due diligence in an effort to be inclusive. I've gotta say, after reading page 17 of Kagan's opinion where she gives an example of a Muslim attending a town meeting, and Breyer's example of House of Representatives guidelines, I have to side with the dissenters, and think a victory would be better won if a case was brought asking for an end to the practice.

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  • Spartacus
    replied
    Originally posted by Teallaura View Post
    How is that any different from before?







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  • Teallaura
    replied
    Originally posted by seer View Post
    There will be no living with you now!
    How is that any different from before?





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  • Spartacus
    replied
    Originally posted by Sparko View Post
    Hasn't congress been opened with a prayer ever since the beginning?
    Yes. Marsh v Chambers discussed that, IIRC, but I don't recall exactly how the majority managed to weasel its way out of the obvious.

    Leave a comment:


  • Sparko
    replied
    Hasn't congress been opened with a prayer ever since the beginning?

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  • seer
    replied
    In case some of you did not live through the 50s and early 60s... When I was a kid, often (but not always, since it was the teacher's discretion), after we did the pledge the teacher would lead us in the Lord's Prayer, and often read a Psalm. And in my town only one gas station, one convenience store and one movie house was allowed to open on Sunday - all other businesses were closed because it was the "Lord's Day."

    Leave a comment:


  • DesertBerean
    replied
    When we were little, one of my brothers created a word to express mixed feelings...."YayBoo". Seems appropriate here. YAY that the SCOTUS ruled in favor even though it was right down the middle...and BOO on the inclusiveness conditions even though I realize it does sorta honor the anti establishment concept.

    Leave a comment:


  • seer
    replied
    Originally posted by Spartacus View Post
    Justice Thomas cited my Constitutional Studies professor
    There will be no living with you now!

    Leave a comment:


  • Spartacus
    replied
    Justice Thomas cited my Constitutional Studies professor

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  • Cow Poke
    replied
    This sounds like SANITY with regard to the First Amendment's "prohibition clause". I haven't had an opportunity yet to review this in detail, but it sounds like the court is recognizing that the government would be "prohibiting the free exercise" if they intervened.

    Interesting.

    Leave a comment:


  • Teallaura
    replied
    Cool! Thanks!

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  • seer
    replied
    Originally posted by Teallaura View Post
    Yes, I have been reading the Kennedy opinion here: http://www.supremecourt.gov/opinions...2-696_4f57.pdf

    Leave a comment:

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