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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsKagan Accuses Conservative Justices Of 'Blindness' To Secular Values
Justice Elena Kagan argued Monday that the Supreme Court went "far astray" from constitutional principles when narrowly ruling that a New York town may begin its public meetings with a prayer that tends to be Christian.
In her dissenting opinion against the 5-4 ruling, the Obama-appointed justice accused the court's conservatives of "blindness" to the secularism principles at stake, particularly the rights of religious minorities.
"I have no doubt that every member of this Court believes as firmly as I that our institutions of government belong equally to all, regardless of faith. Rather, the error reflects two kinds of blindness," Kagan wrote. "First, the majority misapprehends the facts of this case, as distinct from those characterizing traditional legislative prayer. And second, the majority misjudges the essential meaning of the religious worship in Greece's town hall, along with its capacity to exclude and divide."
In the controlling opinion, Justice Anthony Kennedy decreed, "The town of Greece does not violate the First Amendment by opening its meetings with prayer that comports with our tradition and does not coerce participation by nonadherents." He argued that "nonbelievers" could "choose to exit the room during a prayer they find distasteful" and that they were in no way coerced into taking part in the prayer.
Continued at Link:
http://talkingpointsmemo.com/dc/elena-kagan-supreme-court-prayer-secularism
truebrit71
(20,805 posts)...there's just no way this is the correct ruling...
ForgoTheConsequence
(4,868 posts)He agrees with the ruling.
DonViejo
(60,536 posts)ForgoTheConsequence
(4,868 posts)Obama Administration, GOP Agree On Opening Prayers Case
http://www.npr.org/blogs/thetwo-way/2013/08/09/210498961/obama-administration-gop-agree-on-opening-prayers-case
truebrit71
(20,805 posts)....but that no longer surprises me...
okaawhatever
(9,461 posts)ForgoTheConsequence
(4,868 posts)Obama Administration, GOP Agree On Opening Prayers Case
http://www.npr.org/blogs/thetwo-way/2013/08/09/210498961/obama-administration-gop-agree-on-opening-prayers-case
okaawhatever
(9,461 posts)The Supreme Court, the government argues, has also decided that prayer before a government meeting doesn't violate the First Amendment's Establishment Clause so long as it doesn't "endorse" religion.
The town of Greece stayed within these limits, the solicitor general argued, because it selected prayer leaders at random from the town's community guide.
The two community members suing the town disagree. They argue that all of the people asked to pray were Christian and even when they complained in 2008, the town continued the practice despite the fact that there is Buddhist temple and one Jehovah's Witness church within city borders.
burfman
(264 posts)Thanks for the link from NPR - didn't know that this was true. Is the administration and the courts pretzel logic now going to bring back slavery next because some of the founding fathers approved of it?
okaawhatever
(9,461 posts)ForgoTheConsequence
(4,868 posts)I don't know if he believes what he says or not. Sometimes I feel like he does things so white, racist, tea bagger, evangelicals will like him. It's never going to happen.
Logical
(22,457 posts)jeff47
(26,549 posts)O'Connor was the one holding back rulings like this. When she retired and was replaced with Alito, this ruling was inevitable.
Zorra
(27,670 posts)In Jesus' name, amen."
I can see it now.
immoderate
(20,885 posts)Kind of like the "end of racism" fantasy. It's like no one ever read 1984.
--imm
Jefferson23
(30,099 posts)Cha
(297,180 posts)they're the anti-Christians.