Saturday, October 2, 2010

Supreme Court Friendlier to Religion

A little learning can do a man good, make him happy.

Tonight, learned the Supreme Court just these last few years has been more inclined to say, No, the Constitution doesn't say religion should be stripped from government, only that one religion should not be favored above another.

Now, in a world where some believe it wrong to pray in public, wrong to attach Christ to Christmas in public, and wrong to post the 10 Commandments in public parks . . . this is big, learning that the Supreme Court might be shifting the other way.

Was it just less than two months ago a circuit court rules those crosses along Utah highways, honoring fallen state troopers, needed to be taken off public property?

The Constitution doesn't come right out and say church and state shall be separate. It says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." To me, that has meant Congress is not to make laws on religion, but rather it is to take a hands-off approach.

But, it can be argued if that is what was meant, it should have said, "Congress shall make no law regarding" instead of "no law respecting." "Respecting" does leave it open for someone to say government shall not respect religion, shall not give an ear to religion, shall not consider the wants of religion.

But, the word "respecting" can be the same as "concerning," as in, "With respect to that, I would say . . ."

Well, from what I know, I don't think the word "respecting" is what has led to the confusion. I understand it is the word "establishment." "No law respecting an establishment of religion," is interpreted to mean religion shall not be established in any way or any form in our government, and thus it is not to have any part in our government, but is to be separated from it.

Those who feel this the correct interpretation could argue that if the Founding Fathers meant to keep Congress from passing any law affecting religion, they should have said, "Congress shall make no law respecting religion" instead of "Congress shall make no law respecting an establishment of religion."

I believe perhaps when they wrote "an establishment of religion," the Founders were simply suggesting no law shall be passed picking on any individual denomination. This would not much change the meaning from what I suggested earlier, that Congress is to have a hands-off approach, for if you can't pick on one, you can't pick on the whole. You might be able to pass legislation about religion, but none of it could negatively affect religion.

And, it could also be argued the Founding Fathers should have written, "Congress shall make no law establishing religion" instead of "no law respecting an establishment of religion" if they meant to keep religion out.

To break the tie, if there even still be one, I would suggest considering the background of the Founders to understand what they meant to say. I do find it hard, knowing there were those of them who brought religion into government that they would be saying God was to be locked out.

George Washington, for example, said in his inauguration address something to the effect that he would be remiss to not acknowledge God.

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