Tuesday, May 6, 2014

Supreme Court has lost its legal compass

[Take 2 . . . ] 

I have been a student of the U.S. Constitution for nearly 50 years. Yesterday, the conservative Catholic majority on the Supreme Court in Town of Greece v. Galloway simply ignored the First Amendment in giving the green light for town councils starting their meetings with sectarian prayers. 

The Town of Greece decision has nothing to do with free speech and everything to do with Christian dominion. The five conservative Roman Catholics -- Chief Justice Roberts and Justices Scalia, Thomas, Kennedy and Alito -- did an end run around the Establishment Clause of the First Amendment. That clause prohibits government preferring one religion over another or religion over non religion. In other words, under the First Amendment governments must neutrality with respect to religion. 

So what does the Catholic cabal on the Court do if the Constitution gets in their way of allowing governments to promote Christianity -- simple -- ignore it. Justice Kennedy, writing for the majority, made up a sham legal argument like our country's heritage permits town councils to open their meetings with Christian prayers. Strange, it's not my Atheistic heritage or the heritage of minority religions. Rather Christian prayer is an evangelistic tactic of a tyrannical majority (or maybe just a few council members) foisting their religion on their community. In so doing, notwithstanding the majority's holding in Town of Greece, the Constitution's mandate of separation of government and religion is violated. 

And guess what -- there's no appeal of the Supreme Court's decision. The justices are not truly bound by the Constitution because they have life tenure. We can and do criticized them but this bad decision is likely to stand for decades until there is a fundamental change in the composition of the Court.

Oh, and by the way, the justices in the minority weren't much better -- for they would still permit prayers at government meetings as long as the prayers were nonsectarian. Prayer is prayer is prayer. It necessarily causes excessive governmental entanglement with religion in violation of the First Amendment. 

No comments:

Post a Comment