Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: xzins; MuddyWaters2006; blue-duncan; Congressman Billybob; jude24
Hey, P-M, about the link to the court case in post #70 is there any legitimacy in the pastors' interpretation that part of this ruling had to do with a rally around the monument?

It was part of the judge's reasoning. Since Christians rallied to save the bible (after the ACLU and athiest liars and perjurers- who testified that they were "offended by it" - hogwash!!), it was seen as evidence of a religious purpose and thus a violation not of the constitution, but of the infamous and invisible Lemon Test clause.

The opinion states (quite correctly) that the Supreme Court has established the Lemon Test, but has given little if any guidance as to how to apply it.

Hopefully this will be appealed. The decision is clearly another badly reasoned decision which is based not on the constitution itself, but on the stupid Lemon Test, which apparently has become more a part of the constitution in judicial circles than the very words of the Constitution itself.

Hopefully (now that O'Connor is gone - good riddance) the SCOTUS will take up the Lemon Test and squeeze the life out of it.

75 posted on 08/30/2006 8:55:06 PM PDT by P-Marlowe (((172 * 3.141592653589793238462) / 180) * 10 = 30.0196631)
[ Post Reply | Private Reply | To 73 | View Replies ]


To: P-Marlowe; MuddyWaters2006; blue-duncan; Congressman Billybob; jude24

Thanks, PM.

The Lemon Test must go.

It must be replaced with the constitutional test:

1. Did any governmental body establish a religion for an area under their jurisdiction.

2. Did any governmental body prohibit anyone's free, unimpeded exercise?


76 posted on 08/30/2006 9:00:24 PM PDT by xzins (Retired Army Chaplain and proud of it! Supporting our troops means praying for them to WIN!)
[ Post Reply | Private Reply | To 75 | View Replies ]

To: P-Marlowe
"Hopefully this will be appealed. The decision is clearly another badly reasoned decision which is based not on the constitution itself, but on the stupid Lemon Test, which apparently has become more a part of the constitution in judicial circles than the very words of the Constitution itself...Hopefully (now that O'Connor is gone - good riddance) the SCOTUS will take up the Lemon Test and squeeze the life out of it."



Justice Samuel Alito Agrees With “Lemon” Test

In the 2004 “Child Evangelism Fellowship of N.J., Inc. v. Stafford Township School District” case, Judge Alito ruled that a school district had to treat a non-profit Bible-centered child evangelism group the same as other community groups with regard to the distribution and posting of literature related to the group’s after school club and with regard to the opportunity to display literature and to staff a table at the annual Back-to-School night..... Alito agreed that giving the Christian group equal access to the fora in question was OK because doing this would, among other things, not offend the “Lemon” test.” Click here to read the story
81 posted on 08/31/2006 6:39:17 AM PDT by MuddyWaters2006
[ Post Reply | Private Reply | To 75 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson