Brian Peacock wrote:
Ah, so courthouses are a religious venue now? Guess they're dispensing religious justice too.
Well, the point is that the free exercise of religion CAN be reasonably regulated and the government also has an affirmative obligation to prevent even the appearance of
government sponsored sanction of any particular religion or religious beliefs.
On the other hand, people of faith in the personal of members of the public do have a right to freedom of religious expression, including such expressions taking place in the public square.
What this causes is an inquiry into the facts when it is alleged that a display of religious expression is violating the prohibition on the "establishment of religion" by the government.
With respect to your example, such an inquiry would result in a judgment that the display of explicitly Judeo-Christian religious principles such as the Ten Commandments in a courthouse or courtroom would be very likely to lead the average individual not of that faith to believe that the administration of secular justice might well be compromised and skewed in favor of Judeo-Christian ethics.
Because the Constitution guarantees each person due process of law free of religious influence, and because due process means that the actions of law cannot themselves be manifestations of religious belief (such as Sharia law) under the Establishment Clause, it would therefore be clear that the display of the Ten Commandments, or the Torah, or the Koran, or a bust of Buddah or Shiva or any other religious icon or text would indeed be unconstitutional. But not merely because such materials might make some non-believing individual "uncomfortable" or cause them to feel "unwelcome" or "excluded," but because such materials threaten the secular objectivity of the court itself and therefore they impact the due process rights of the individual.
On the other hand, the erection of a Ten Commandments monument in a public place which is managed with the expectation of being a public venue for free speech and expression, like a public park or sculpture garden, does not inherently entangle the government in an establishment of religion
so long as the materials themselves are not paid for with government funds or erected by government employees. The distinction here is important. Government has an
affirmative constitutional duty to support and protect the right of each and every individual to engage in both peaceable religious expression and peaceable speech and expression and it has a duty to not discriminate against
anyone in doing so
based on the (otherwise peaceable) content of the speech or expression, whether religious or secular. Indeed, to some extent free exercise (and thus expression) of religion is more carefully protected than non-religious free speech or expression because it is explicitly protected by both the Free Exercise and Free Speech clauses of the First Amendment.
Therefore, if a Muslim wants to erect a monument to Islam, or a Jew wants to erect a menorah, or a Christian wants to erect a Ten Commandments display or Christmas nativity scene in a public place which is managed as a venue for public free speech (ie: where other forms of speech and expression such as public assemblies, protests, etc. are permitted) the government is
constitutionally obligated to judge all such applications based on necessary public property management factors alone
absolutely without regard for the religious or non- religious nature of the expression.
The common excuse used by religious Atheist fascists in objecting to Christmas nativity scenes and Ten Commandment monuments that the simple viewing (or even potential viewing) of such objects makes an Atheist (or anyone else) "feel uncomfortable" or "feel excluded" or "feel discriminated against" is absolute constitutional and legal bullshit of the worst sort.
There is absolutely no right to freedom FROM having to endure public displays of religious belief. The First Amendment does not provide and in fact expressly DENIES any such right. The "offense" that an Atheist might take at having to look at a Ten Commandments display in a public park is not only completely irrelevant it is in fact constitutionally dismissed and repudiated because the First Amendment has the express purpose of denying to anyone that sort of heckler's veto of peaceable speech or expression, religious or otherwise. Not only that, but the First Amendment imposes upon government
an affirmative duty to act in defense of free secular and religious expression and to sanction those who seek to interfere with it. Therefore, government is certainly authorized to take legal or physical action against those who interfere with or infringe upon the otherwise lawful and peaceable speech and expression of anyone else, including people of faith.
What that means to me is that when it comes to the sort of nuisance lawsuits filed by the "Freedom From Religion Foundation" against citizen-erected public religious displays on public property as lawfully permitted by the administrative government agency that approves such permits for areas designated for free speech and expression displays, the FFRF should be both counter-sued by the private owners of the display for tortious interference with the religious group's civil rights under 42 USC 1983:
42 U.S. Code § 1983 - Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
and they should be criminally charged under 18 USC 241:
TITLE 18, U.S.C., SECTION 241
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;...
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
And so should any federal judge who fails to summarily dismiss any such filing.
FFRF, you're on notice.
"Seth is Grandmaster Zen Troll who trains his victims to troll themselves every time they think of him" Robert_S
"All that is required for the triumph of evil is that good men do nothing." Edmund Burke
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