Monday, June 27, 2005

No ... well, maybe ... or not

The Supremes, in their final day of the year, handed down its much anticipated decision on the constitutionality of displaying the Ten Commandments on government land.

They almost sort of maybe kinda got it right. Or not.

Now understand, I'm a Christian. I try to live by the Ten Commandments (that one about coveting is tough....).

At the same time, I firmly believe in separation of church and state. The way I figure it is that if the government can tell you which religion it endorses, it also can tell you which religions are outlawed. That's what we Europeans came over here a few centuries ago to avoid.

Therefore, today's ruling is encouraging, sort of. It's also discouraging, sort of.

From the Associated Press:
A sharply divided Supreme Court on Monday upheld the constitutionality of displaying the Ten Commandments on government land, but drew the line on displays inside courthouses, saying they violated the doctrine of separation of church and state.
Sending dual signals in ruling on this issue for the first time in a quarter-century, the high court said that displays of the Ten Commandments - like their own courtroom frieze - are not inherently unconstitutional. But each exhibit demands scrutiny to determine whether it goes too far in amounting to a governmental promotion of religion, the court said in a case involving Kentucky courthouse exhibits.

Sounds like they're trying to throw both sides a bone, which makes things even more confusing. So is it legal or isn't it?

The court resoundingly answered 'YES!'

Again from the AP:
The justices voting on the prevailing side in the Kentucky case left themselves legal wiggle room, saying that some displays inside courthouses - like their own courtroom frieze - would be permissible if they're portrayed neutrally in order to honor the nation's legal history.
But framed copies in two Kentucky courthouses went too far in endorsing religion, the court held. Those courthouse displays are unconstitutional, the justices said, because their religious content is overemphasized.

So, displaying the Ten Commandments on government property is OK as long as it's not in a courthouse and as long as it's not a religious display but an educational or historical one. As long as we can determine the intent of the display. And the intent of those who put together the display.

Got that straight?

From the AP:
In effect, the court said it was taking the position that issues of Ten Commandments displays in courthouses should be resolved on a case-by-case basis.

Translated: The court effectively dodged the issue. Displaying the Ten Commandments on government property is illegal, except in those cases when it's legal.

Simple, isn't it?

And so it goes.

1 comment:

Anonymous said...

"Translated: The court effectively dodged the issue."

SCOTUS has been getting good at this. *sigh*