Let's talk about SCOTUS seeing Ten Commandments cases soon.... - Belle of the Ranch

[TexasTowelie]

Well, howdy there Internet people. It's Belle again. So, today we're going to talk about SCOTUS seeing Ten Commandments cases soon.

On Monday, US District Judge Timothy Brooks ruled that an Arkansas law that requires the Ten Commandments be placed in schools violates both the establishment clause and the free exercise clause of the Constitution. The ruling permanently blocked half a dozen school districts from following the Arkansas law, but it isn't a statewide ban.

The judge wrote, "Act 573's purpose is only to display a sacred religious text in a prominent place in every public school classroom, and the only reason to display a sacred religious text in every classroom is to proselytize to children." The state has said the quiet part out loud. The judge also noted, "The law serves no educational purpose as the state admits and consequently deprives plaintiffs of their rights."

Indeed, they did. They didn't really try to hide the purpose of the law the way other states have and that's where this gets interesting and sets the stage for a Supreme Court battle. See, Arkansas is under the Eighth Circuit Court of Appeals. Louisiana just had their law upheld by the Fifth Circuit.

Conflicting decisions in different circuits on a clear constitutional issue where the state itself might be infringing on the rights of citizens is the kind of situation that typically finds its way to the court.

That's probably what the people who push these laws wanted. There's a growing feeling that they want a redo of Stone v. Graham 1980. That's the Supreme Court case that currently controls the display of religious speech to captive audiences by the state.

Heather Weaver, who is senior counsel for the ACLU's program on freedom of religion and belief, said, "Today's decision ensures that our clients classrooms will remain spaces where all students, regardless of their faith, feel welcomed and can learn without worrying that they do not live up to the state's preferred religious beliefs."

A question that came in asked how the first amendment applies to the states when it clearly says that Congress is prohibited, not the states.

Okay. So, the first amendment says, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Most readings would suggest required religious doctrine in a classroom would run afoul of the establishment clause at minimum.

Okay. But how does that apply to the states? Section one of the 14th amendment forms the core of what's known as the state action doctrine with, "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Nor shall any state deprive any person of life, liberty, or property without due process of law. nor deny to any person within its jurisdiction the equal protection of the laws.”

Basically, this means the states can't override your rights.

Anyway, it's just a thought. Y'all have a good day.

[Historic NY]

1. I got some adultery and coveting your neighbors wives cases

from the Trump administration they can look at. Perhaps requiring the Ten commandants in every government office should come before school's