Posted on 07/08/2008 7:50:36 AM PDT by ZGuy
Christian groups are appealing a federal judge's ruling that bars the Gideons from distributing Bibles to students of the South Iron Missouri School District.
The South Iron School District allows off-campus organizations to distribute literature to students before and after school, and during other non-instructional times such as lunch breaks. But the American Civil Liberties Union sued, saying the Gideons should not be allowed to hand out Bibles because of their religious nature. U.S. District Judge Catherine Perry agreed.
"In fact, the federal judge said...the ACLU must be able to have the say-so over whether religious literature can be distributed -- and obviously, if the ACLU has that say-so, no religious literature will ever be distributed," says Matt Staver, founder of Liberty Counsel.
But Staver points out that the First Amendment prohibits any "heckler" from having the right to prohibit free speech. "...The ACLU may not like the fact that equal access also means equal treatment for religious speech, but, frankly, the Constitution requires equal treatment," states the attorney. "...Hecklers may heckle all they want to, but they may not veto private religious speech."
Staver is asking the Eighth U.S. Circuit Court of Appeals to overrule Judge Perry. He says that, to his knowledge, no other U.S. court has ever ruled that a private, third party should be given veto power over private religious speech.
What does the nitwit judge, Catherine Perry, not undestand about the 1st Amendment?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
and Bob Barr supporters wonder why a lot people here don’t support him????
I wonder what the ACLJ (American Center for Law and Justice) has to say about all of this.
Probably best to take her off lifesupport or something. Anyone hear any pumping sounds in the courtroom? That's happened before.
When Bob Bar sat down to have lunch with the ACLU he LOST EVERYONE HERE.
There are a few people here who are supporting him..
As I look back on my life there are some thing I wish I had become. One of those things is a fighter pilot and another one is a Constitutional lawyer. I'd love to be a Constitutional lawyer. And one of the first things I fight is the fact that the federal government has no business doling out welfare, e.g. housing, FEMA trailers, food stamps, mortgage loan bailouts, etc.
James Madison: Father of the US Constitution and 4th President of the USA
"The government of the United States is a definite government, confined to specified objects. It is not like state governments, whose powers are more general. Charity is no part of the legislative duty of the government." -- James Madison, speech in the House of Representatives, January 10, 1794
I wonder if the ACLU will support a ban on the handing out and mailing of political campaign literature?
http://findarticles.com/p/articles/mi_qn4185/is_20070822/ai_n19492439
U.S. District Judge Catherine Perry of the St. Louis-based federal trial court issued the preliminary injunction last September. The injunction prohibits the South Iron R-1 School District, located in Iron County, from distributing Bibles to its students and from allowing any other group to do the same. Traditionally, Gideons International has given Bibles to the district's fifth-grade students.
Now that the 8th Circuit affirmed Perry's order, lawyers for both sides expect the district judge will rule soon on their competing motions for summary judgment pending before her.
The case was argued April 12 before 8th Circuit Chief Judge James B. Loken, Judge Kermit E. Bye and Judge William Jay Riley.
***************************
Writing for the 8th Circuit, Loken described it this way: "The injunction is succinct, clearly written, and limited to the precise conduct that warranted preliminary equitable relief. It does not, for example, broadly enjoin the distribution of all religious- oriented materials or address what activities the District might allow after school hours under the new policy."
The permanent injunction the plaintiffs are seeking is identical in scope to the preliminary injunction affirmed by the appeals court, Rothert said. So the opinion is likely to help the district judge craft a permanent injunction if she rules in the plaintiffs' favor, he said.
The judge, appointed by Bill Clinton (viz., Hillary Clinton) in 1994, first ruled on this case in September 2006.
Only the beginning, next, like that judge in england the Islamist will be granted sharia rights and enforcement.
“if the ACLU has that say-so, no religious literature will ever be distributed”
No, only Christian literature will be vetoed. The ACLU has no problem with schools forcing students to practice Islam or wiccan or any other of the pagan religions.
Judicial legislation. This judge should be recalled/removed and disbarred, IMO.
“because of their religious nature.”
The ACLU is hypocritical. They don’t complain about anything that a certain middle eastern sect says or does, but they complain about anything that a Christian does.
Is an idiot. Hopefully, this will go up the 'chain of command' in the courts until someone sane hears the case.
Perry, Catherine D.
Born 1952 in Hobart, OK
Federal Judicial Service:
Judge, U. S. District Court, Eastern District of Missouri
Nominated by William J. Clinton on July 15, 1994, to a seat vacated by Clyde S. Cahill; Confirmed by the Senate on October 6, 1994, and received commission on October 7, 1994.
U.S. Magistrate Judge, U.S. District Court for the Eastern District of Missouri, 1990-1994
Education:
University of Oklahoma, B.A., 1977
Washington University School of Law, J.D., 1980
Professional Career:
Private practice, St. Louis, Missouri, 1980-1990
Adjunct professor of law, Washington University School of Law, 1981-1984, 1991-1992, 1993-1994
Race or Ethnicity: White
Gender: Female
Talk about idiocy! How can we fight this ruling?
It doesn’t look like they’re going into individual classrooms handing them out, which might amount to pressure to students to accept them (don’t want to be the odd non-Christian out, kids already get enough social grief).
It looks like they’re in common areas giving them to any kids who ask. What’s the consitutional problem as long as it’s done with equal access? OTOH, some hypocritical supporters of this might find themselves on the other side of the issue if the local mosque starts distributing Korans.
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