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To: PhilipFreneau
According to the Constitution, only the congress would be prohibited. State legislatures are not prohibited, but rather have the power to set educational and religious standards for their respective states, should they choose to do so.

Not so, no state may pass legislation that voids or goes against a portion of the US Constitution - sounds like the equal protection clause.

546 posted on 02/19/2004 10:39:30 AM PST by Ophiucus
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To: Ophiucus
Also the supremacy clause.
547 posted on 02/19/2004 10:49:04 AM PST by Ophiucus
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To: Ophiucus
Not so, no state may pass legislation that voids or goes against a portion of the US Constitution

Historically the states were indeed free to establish religions -- unless their own constitutions prohibited this, as most (I don't know how many) now do. Massachusetts was the last state to have such an institution. Their church (Congregationalist, I think) was disestablished in the 1840s. After the so-called Civil War, the US Constitution has been re-interpreted to "incorporate" most of the Bill of Rights into the 14th Amendment (no state can deny anyone life, liberty, and property without due process), so now it's not possible for a state to establish a religion, regardless of the state's constitution.

548 posted on 02/19/2004 10:49:13 AM PST by PatrickHenry (The universe is made for life, therefore ID. Life can't arise naturally, therefore ID.)
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To: Ophiucus
Not so, no state may pass legislation that voids or goes against a portion of the US Constitution - sounds like the equal protection clause.

That has no bearing on your original post which read,"If a legislature passes a law banning the teaching of evolution OR requiring the teaching of a religious precept like creation of ID, it is violating the First Amendment by both requiring the teaching of one sect's religious views and by favoring one Christian sect over others." Your original post is false. State legislatures would not violate the 1st Amendment if they passed either of those because the 1st Amendment prohibits only the federal congress.

555 posted on 02/19/2004 11:34:16 AM PST by PhilipFreneau
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