To: Alamo-Girl
The issue of motive of the supporters (on any side) is a legal sidebar.Actually, motive is rather central. If the First Amendment were only about free speech, then the ID folks would have a free hand in government schools -- and so would everything else. But there is also the establishment clause. Free speech doesn't allow government agents to violate the establishment clause. That's why it's a necessary condition of state action that it must have a secular purpose.
532 posted on
01/04/2006 12:07:41 PM PST by
PatrickHenry
(Virtual Ignore for trolls, lunatics, dotards, scolds, & incurable ignoramuses.)
To: PatrickHenry
Thank you for your reply!
Actually, motive is rather central. If the First Amendment were only about free speech, then the ID folks would have a free hand in government schools -- and so would everything else. But there is also the establishment clause. Free speech doesn't allow government agents to violate the establishment clause. That's why it's a necessary condition of state action that it must have a secular purpose.
And that is the problem with the Lemon test - and the reason the Supreme Court already doesn't like Lemon and will no doubt move to repair the mess it has created once Alito is on the court.
540 posted on
01/04/2006 12:21:45 PM PST by
Alamo-Girl
(Monthly is the best way to donate to Free Republic!)
To: PatrickHenry; Alamo-Girl; betty boop
[ But there is also the establishment clause. ]
The establishment clause protects religion from government, not government from religion.. unless you read it wrong, or omitted some text..
Amendment I = Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
Note: does no law really mean some law.. or its none of government business WHAT religion does.?. I say that not having a religious bone in my body... I am a christian.. with christ is not about what you believe, its who you ARE, that counts..
571 posted on
01/04/2006 12:57:08 PM PST by
hosepipe
(CAUTION: This propaganda is laced with hyperbole..)
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