by wendlesora » Sun Apr 15, 2012 11:01 pm
"So how can we justify court rulings that abolish things like the Mojave Cross and dsiplays of the Ten Commandments at courthouses?"
It's very simple and it's James Madison who answered that question. He said that because we obviously can't allow them all to do a little something without public places and buildings to become a big mess of religious messages, we must allow none. As simple as that... no public display on public buildings; no hymn, song or prayer beyond religious institutions and private initiatives; no mention in any civil text or law. Why? Because then the Muslim will want his little piece; then the Jew; then the Buddhist or the Mormon... it won't ever end. Want better? It could also allow for anti-religious group to do the same. So be just: do it for nobody at all.
The first Amendment tells you that the Congress shall make no law respecting an ESTABLISHMENT of religion or prohibiting the FREE EXERCISE thereof.
A law regarding an establishment of religion means that you can't make a state-ruled religion -- you can't tell the Chruch of any denomination or any religious group how to organize, in short. The second part tells that we can't make laws that prevent you from taking part into your religious ceremonies and customs. In no place does it says that the Congress can put in place public officials that have the right to put up religious symbols unto the surface of public buildings -- in fact, the first amendment prohibit them, through their mandate, to order any type of religious exercise: they can't organize it. Putting up these things is an infringement and should indeed be ruled out as a mistake.
They are public officials and these are public buildings and they aren't allowed to use their powers to put up religious symbols, regardless of their conviction or of how many people support the project. If it pisses you off that bad, try to get 3/4 of States and 2/3 of each Houses to change it.
EDIT:
To answer someone on here, no we can't make any test that would prevent people from taking part in political affairs for their religious beliefs and it's a nice example of a slippery slope fallacy as well as a false analogy. Not being allowed to publish religious symbols as a state official and not being allowed as a citizen to have beliefs are two different things... As a citizen, you can use private means to express a private opinion publicly; but as a state official or else as a congressman, although you are allowed privately and individually to express religious beliefs, you are not allowed to use public means to publicly display private beliefs. Don't you see the difference? When you work for the government, you in fact work for people -- and for all of them: those who agreed with you and those who didn't; those with whom you share beliefs and those with whom you don't. You aren't there as the citizen, but as the public man... there's a difference.