Saturday, May 24, 2014

Separation of Church and Confused State

On May 5th, the Supreme Court delivered a historic verdict when it upheld the right for government institutions to have Christian prayers, prior to the start of local city council sessions. The issue, originally raised in Greece NY, relied heavily on a prior 1983 decision where the court upheld the Nebraska Legislature to having prayer sessions prior to starting sessions.

Never mind that in the town of Greece NY, more than 90% of the sessions were catholic prayers and the plantiffs on this case were a Jew and an Atheist. The larger issue is how does this infringe upon the separation of church and state and the original intention of the founding fathers.

This is an interesting decision, since if you look at the religion split across the US, based on the recent Pew Poll, there is a significant increase in the "unaffiliated" group.



SCOTUS ruled 5-4 on this issue and the main reasons given were as follows: "Defending a practice used by the town of Greece, N.Y., the majority ruled that opening local government meetings with sectarian prayers doesn't violate the Establishment Clause as long as no religion is advanced or disparaged, and residents aren't coerced".

In her dissent Justice Kagan wrote  - ""When the citizens of this country approach their government, they do so only as Americans, not as members of one faith or another,"

There my fine feathered friends is where the rubber hits the road. This is one where the conservative majority of SCOTUS tipped this decision. But this interpretation is just plain wrong, akin to working back to the question from an answer.

What this means now is any town council can start their session with a prayer and not just any prayer but a Christian prayer. This violates the basic constitutional rule that the government should be impartial to matters of religion and not favor one over another (even if it is as trivial as starting a session with prayer).

Town supervisor of Greece NY, whose town board meets once a month said, " Prayer was not intended to isolate or convert anyone. If they feel comfortable with joining us in the prayer, they can have a moment of silent reflection while the prayer is offered"

Let's take this example and work it another way. Let's say that the city council was predominantly made of Atheists and prior to start of a session assume they had a brief discourse where they thanked science and debunked faith and god (not specifically coercing anyone as stated by SCOTUS) what do you think will be the logical outcome?





In the words of the great George Carlin - ” I’m Completely In Favor Of The Separation Of Church And State. My Idea Is That These Two Institutions Screw Us Up Enough On Their Own, So Both Of Them Together Is Certain Death ”.

Realize that SCOTUS is the law of the land but this ruling amongst a few others in the recent years makes you wonder if it is time to the conversation of "non partisan" judges or term limits for SCOTUS.