dougsmith - 01 March 2008 07:45 AM
Bryan, the free exercise clause comes after the establishment clause.
I’m sorry, is that supposed to be significant? If I call somebody ugly and stupid does it really matter in what order I place the adjectives?
And the Fourteenth Amendment extended due process to the states as well.
Perhaps I should remind you that the 14th Amendment comes after the First Amendment?
Thanks to the courts, the 14th Amendment went beyond the intent of that law and rewrote First Amendment (in part) as follows: “Congress, nor state legislatures, nor city and county governments, nor any agent of the government shall make any law respecting an establishment of religion.”
And supposedly we get all that from this:
Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.
If you wanted to rewrite the First Amendment the way I showed, is that way you would do it? With Section 1 of the 14th Amendment?
That’s why Jackson’s quote of the NY State Commissioner are apt. Neither state nor federal governments can act in any way that sponsors any particular faith. This includes inviting people to proselytize.
I missed the part of the story that indicates that the pastor was invited to proselytize. Perhaps you could isolate the quotation? Don’t worry about context. I’ll be able to find that for myself.
It’s very easy to be in favor of proselytization when it’s your religion that’s responsible.
Oh. I must be a hypocrite, then. Except I’d have no problem with corresponding free speech from a Jew, Hindu or Muslim (to name a few).
It’s even easier when your religion is the majority religion.
Quite. And it’s important to note how that a particular religion being dominant establishes regional culture. It should be appropriate for regional culture to be strongly reflected in the ceremonies of the region. If that isn’t the case, then government by the people and for the people is questionable. Instead, an overarching government foreign to the region has overruled local culture.
The whole point of secularism and the First Amendment is to eliminate state support for sectarian religious behavior, and to avoid a tyranny of the majority.
That certainly wasn’t the point of the First Amendment, which was solely aimed at acts of Congress and therefore the reach of the federal government. Though it’s certainly true that secularists have wrapped themselves in an understanding of the First Amendment that would make even Madison’s jaw drop.
And allowing a pastor to speak at graduation without the government’s stipulation (that is, censorship) ensuring that he cannot engage in proselytizing turns into a protection from the tyranny of the majority. Sounds specious to me.
(It is vanishingly unlikely to find a minority religion proselytizing on any public fora, since almost by definition public fora are controlled by the majority). Religious practice is a private matter.
And if the religious fail to realize that religion is a private matter, then the government will just have to force them to realize it.
In the name of freedom, of course.