tazzygirl -> RE: Atheists sue to keep 'In God We Trust' off Capitol Visitor Center (7/22/2009 8:54:52 AM)
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The majority of religious displays have been deemed illegal. quote:
Nativity scenes and the precious baby Jesus will be hard to find on court house lawns. They arent illegal. quote:
October 29, 2008 - 9:21 AM The Associated Press COLUMBUS, Ohio (AP) - An activist group says an annual Nativity scene at a state park in north-central Ohio violates the separation of church and state and should be discontinued. In a letter, the Madison, Wis.-based Freedom from Religion Foundation has asked Ohio Attorney General Nancy Rogers to determine whether Malabar Farm State Park's display is legal. The park is located outside of Mansfield. The group threatened legal action on behalf of David Russell, a resident of Reynoldsburg in suburban Columbus. A spokesman for the attorney general says the office is discussing the matter with the agency that runs state parks. Last year, two parks removed Nativity scenes after Russell and another person asked them to add pagan displays. Gov. Ted Strickland reinstated the manger scenes and refused to add other symbols. Green Bay wins lawsuit over nativity scene http://www.thevoicemagazine.com/green-bay-wins-lawsuit-over-nativity-scene-20081008293.html http://www.wnd.com/index.php?fa=PAGE.printable&pageId=33911 http://www.foxnews.com/story/0,2933,104916,00.html quote:
What does this mean for you and your attempt to sue the city for installing Santa next to city hall? A few general principles can be distilled from the fallout of the cases above. Weigh these elements before deciding to buy yourself a lawsuit: 1. Context: Courts after Lynch and Allegheny put a heavy emphasis on the other symbols scattered around the allegedly religious display. That means that a Teddy Ruxpin adjacent to the baby Jesus may well save a nativity scene from violating the Establishment Clause and that, as was the case in Allegheny, a Christmas tree may somehow save a menorah. 2. "Secular" versus "Religious": Odd though it may sound, the high court has determined that Santas, elves, reindeer, and long-suffering Mrs. Clauses are secular, as opposed to religious symbols. Crèches and menorahs are religious. Although Justice Brennan tried to point out for the dissenters in Lynch that religious symbolism is in the eye of the beholder, this distinction lives on. Even where Christmas trees would at least intuitively seem to celebrate the birth of, um, Christ. These "secular" symbols are not only constitutional; their proximity also saves religious symbols that would be unconstitutional if standing alone. 3. Government versus Private: Another thing you want to determine before retaining counsel is whether the display is owned and paid for by the government or by a private entity. Government-sponsored displays are more constitutionally suspect than private displays in public places. 4. The "Reasonable Observer" Test: The test devised by the Supreme Court in the Establishment Clause cases is simple: Would a reasonable observer of the display in question believe (even mistakenly) that the government was endorsing a particular religion or religion in general? Before you go thinking of yourself as that allegedly "reasonable" observer, know that the court has tended to substitute its own (specifically Justice O'Connor's) notion of reasonableness for yours in applying this test. There is also a sharp divide on the current court between the justices who assume reasonable observers understand the "history and context" of the public space and are aware if it's open to all comers, and the justices who feel like reasonable observers may just be visiting Martians. 5. Signs: You'll also want to pay particular attention to the signs posted around your local display. The court has frowned on "Gloria in Excelsis" but smiles on "Happy Holidays" or "Salute to Liberty!" And a sign indicating that the display was sponsored by private parties goes a long way to curing the impression that the government has endorsed it. (If the sign says "The Mayor (hearts) Jesus," I'll help you file the papers.) ... One might think that the Supreme Court that can hand down clear, fixed rules—we all know and understand Miranda rights—might be able to pull together a clear rule for public holiday displays. Instead, we have a series of impossible cases, each of which renders the law just a bit more murky. Why? Perhaps because there are some extremely religious justices on the current court who view religion as beyond the reach of civil laws. Perhaps because religion is almost necessarily nonnegotiable, and zero sum (just ask some of our friends in Afghanistan) attempts to nip and tuck at its free expression will, by definition, offend. Perhaps the central tension built into the First Amendment—allowing us to worship freely, but prohibiting the government from doing the same—is coming back to bite our collective constitutional butt. School districts and police departments and mayors' offices have learned to expect the Christmas lawsuit along with the Sears catalogue every year. Maybe this year Santa could skip the PlayStation and inspire the high court to clarify this area of law once and for all. Posted Friday, Dec. 21, 2001, at 11:07 AM ET Crèche Test Dummies Nativity scenes on public lands are illegal, rules the Supreme Court. Except when they're not. By Dahlia Lithwick quote:
Prayer is no longer allowed in public school and, so you know, prayer is still allowed, and legal, in schools. it just cant be lead by a school official or teacher. it must be student lead. and they can have it whenever they have free time, provided that other groups are allowed to meet during those times, ie: clubs, sports, student government.
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