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Alabama SC justices cave, order Ten Commandments removed
AP on Fox News ^ | 8-21-03 | AP on Fox News website

Posted on 08/21/2003 8:33:17 AM PDT by rwfromkansas

Edited on 04/22/2004 12:37:00 AM PDT by Jim Robinson. [history]

MONTGOMERY, Ala.

(Excerpt) Read more at foxnews.com ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; US: Alabama
KEYWORDS: 10commandments; 1stamendment; 666; allyourcommandments; antichrist; antichristian; arebelongtous; bigotry; firstamendment; freedomofreligion; monument; moore; religiousfreedom; roymoore; tencommandements; tencommandments; treason
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To: Zavien Doombringer
Well I looked In Deueteronomy and there is nothing about Marijuana? How can you make claims about a substnace you know nothing about?

Alcohol has had much worse affects on the world than POT?

You might not know any potheads but I bet you know a ton of Drunks.
1,061 posted on 08/22/2003 12:59:30 PM PDT by missyme
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To: general_re
Look: We are debating what SHOULD BE, not what IS, in this debate of whether Judge Moore's display really is or is not Constitutional. We *know* a Judge has ruled against Moore. that is what is. He based it on recent precedential law. Case closed? Nope, because he is wrong.
I think the ruling is against what SHOULD BE the proper Constitutional reading. History, the text, definitions, and common sense are on our side. The only things not on our side is recent jurisprudence, the ACLU and the secularized culture that's forgotten what we were about in 1789.

Saying that 'this is the law' in this context is more of an argument from authority than a conclusion.

Saying that Brennan got a majority to make this stuff suddenly illegal when before it wasnt in this context is thus better than saying "this is the law", as it describes better the real historial context.

But who am I to "rule" on rules of debating points. I just happen to think that's the reality that got us here.

"I think your main objection is that you prefer the law as it used to be, rather than as it is now - a position not entirely devoid of merit. "

If we could fix the establishment clause understanding at Everson or so, I would not be unhappy. It would at least avoid the Brennanite extremism inherent in some recent rulings.

Sometimes "the law" is an ass. Right?
1,062 posted on 08/22/2003 1:00:38 PM PDT by WOSG
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To: lugsoul
I would not characterize it as "religion" for purposes of the establishment clause.

You are aware that the 11th Circuit court disagrees with you? From their ruling against Moore:

"The Supreme Court has instructed us that for First Amendment purposes religion includes non-Christian fails and those that do not profess belief in the Judeo-Christian God; indeed, it includes the lack of any faith."

So I see I'm in good company in that I'm not the only one who disagrees with the legal reasoning in this case.

1,063 posted on 08/22/2003 1:04:06 PM PDT by inquest (We are NOT the world)
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To: general_re
As for the 10 Commandment display, it should be permissible under any Judicial regimen that properly allows a place for official recognition in voluntary, open ways of religious sentiment or religious heritage on our culture. "Voluntary, open" - see, we weren't that far apart after all ;)

Glad to see the comity. Okay, but I say Judge Moore's display - and the many dozens of similar Ten Commandment displays around the country, on legal seals and on buildings/courthouses, *and* the village naivity scenes - are LEGAL. They dont violate establishment clause.

Are you agreeing to *that*?

1,064 posted on 08/22/2003 1:04:14 PM PDT by WOSG
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To: WOSG
Look: We are debating what SHOULD BE, not what IS, in this debate of whether Judge Moore's display really is or is not Constitutional

Ah, well, that's two different discussions, as you say. Personally, I think Lemon goes too far in trying to turn "separation" into a full-blown divorce. It's just silly for the state to contort itself into pretending that religion doesn't really exist.

On the other hand, there are plenty of non-Christian citizens who are entitled to the protections of the Constitution these days - they don't deserve to have someone else's faith pushed on them, any more than you deserve to have theirs pushed on you. So, with that in mind, how should the state deal with religion and religious expression?

1,065 posted on 08/22/2003 1:05:15 PM PDT by general_re (A clear conscience is usually the sign of a bad memory.)
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To: WOSG
That should be Village *Nativity* scenes.

I am not sure what a village "naivity" scene would include. Maybe Clinton's promise to Arkansas not to run for President. :-)
1,066 posted on 08/22/2003 1:06:00 PM PDT by WOSG
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To: inquest
Well, the 11th Circuit says that the SCOTUS says that. They do not say that they agree, only that they are obligated to rule that way when called upon to do so. A concept Moore undoubtedly does not understand. And they do say for purposes of the 1st Amendment - not necessarily that government can "establish" non-religion as a religion, but that the practice of no religion can be freely exercised. If ever confronted with the question of whether non-religion could be established as a religion, the Court may perhaps have to deal with that contradiction.
1,067 posted on 08/22/2003 1:08:38 PM PDT by lugsoul
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To: commonerX
I disagree, in all of history most reasons one group attacks another is because one group doesn't believe in the same religion as the other, so they see them as a threat to them and their God

It doesn't matter if you disagree or not, your last statement (that "Religions have been the cause of more deaths and wars then any other cause in history" ) was still incorrect. Your current statement above is equally incorrect. A lot of historical conflicts have been over ideological differences, but socialism (in fact, even just counting atheistic socialism) has killed more people that all the religious conflicts put together.

True Stalin a Socialist is responsible for 20 million deaths, but most those deaths were not do to promoting socialism, but Stalin's paraniod delusions and intolarence of anyone who didn't see things his way

Even if the bogus argument above did excuse national socialism (or perhaps more properly statism) as the root cause, it would still be irrelevant. Stalin's 20 million is exceeded by Communist China's 50 million, and there's no (rational at least) arguing that anything other than socialism resulted in those deaths.

All the deaths attributed to Hitler could be argued that they are religiously motivated, the Jews, the Gipsies (pagans)

Again, even if one were to accept such a nonsensical argument and those numbers were counted as religious prosecution, the fact would still remain that socialism killed more.

But, if you go back through history most conflicts are over religious deferences.

That's simply not true. Your subconscious hatred of religion is blinding you to simple truth. Even if you count every conflict even loosly related to religion (Spanish conquistadors, every Arab conflict, etc.) those numbers still pale in comparison to conflicts over resources, trade, politics, non-religious social ideologies, etc.).

What the total number killed throughout history no one really knows

This is irrelevant; the numbers for death by socialism are simply too high. We could even make the nonsensical assumption that EVERYONE before recorded history died because of religion, and the numbers would still be less, because of the much lower population density at that time.

how many were killed in the Crusades

Slightly less than 200,000, if you include those sold into slavery by the Mohameddans.

how many christians killed at the hands of Rome

About 20,000.

Religious motivations in history is as simple as one group believing they have some devine right, given to them by their God, over another

This is irrelevant to the fact that your statement is historically incorrect.

You have to look at the whole picture why does one group wish to eleminate another in history in most cases it boils down to religious motivation or intolarence of others that don't believe

This too is irrelevant to the fact that your statements about "death by religion" are historically incorrect. I am not arguing the merits of your opinion that religion has caused conflicts; I am merely pointing out that you are mistaken in your belief that religion has been the cause of more deaths than any other. It is simply not true.

1,068 posted on 08/22/2003 1:10:04 PM PDT by Technogeeb
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To: inquest
And again, you attempt to ascribe positions to me that are not mine. I fully agree with the legal reasoning in the 11th opinion. They did not decide that the state could establish non-religion as religion, because they were not called upon to pass on that question.
1,069 posted on 08/22/2003 1:10:05 PM PDT by lugsoul
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To: WOSG
Okay, but I say Judge Moore's display - and the many dozens of similar Ten Commandment displays around the country, on legal seals and on buildings/courthouses, *and* the village naivity scenes - are LEGAL. They dont violate establishment clause.

The function of the state is to protect the rights and freedoms of all citizens - more expression is better, far better, than less. If those rights and freedoms are protected for all citizens, regardless of faith, sect, creed, or ethos, I have no problem with the Ten Commandments or nativity scenes or what-have-you. I don't insist that citizens have the right to shut down a religious expression that they don't care for, but I do insist that they be assured of an equal place and time to express themselves in a similar manner. In the public square, that is - your house should be run by your rules, as you see fit.

1,070 posted on 08/22/2003 1:12:50 PM PDT by general_re (A clear conscience is usually the sign of a bad memory.)
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To: general_re
The 14'th is merely the vehicle that causes the Establishment clause to apply to him in the first place

Hold on, now. That's an assumption that you and the courts are making. Way back when, in Post, oh, I don't know, something with three digits, I stated that the provisions of the first amendment can only be applied via the 14th amendment to the extent that it comports with the actual language thereof - "privileges and immunites", "life, liberty, or property without due process of law", "equal protection of the laws". Somewhere in there a violation must lie. Where, and how?

the First Amendment being one of those privileges and/or liberties that the 14'th mentions people shall not be deprived of by the various states...

This begins to address the question, but it still needs to be asked: Is it truly one of the "privileges" of citizens to put whatever religious decoration they want in their courthouses & other government buildings? Mathematically, that's impossible, so someone's going to be deprived of that "privilege", is that not correct?

1,071 posted on 08/22/2003 1:15:51 PM PDT by inquest (We are NOT the world)
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To: general_re
Ah, well, that's two different discussions, as you say. Personally, I think Lemon goes too far in trying to turn "separation" into a full-blown divorce. It's just silly for the state to contort itself into pretending that religion doesn't really exist. On the other hand, there are plenty of non-Christian citizens who are entitled to the protections of the Constitution these days - they don't deserve to have someone else's faith pushed on them, any more than you deserve to have theirs pushed on you. So, with that in mind, how should the state deal with religion and religious expression?

I dont see as that far apart really, then. I agree with what you say here.

". So, with that in mind, how should the state deal with religion and religious expression?" I see the divide in terms of coercion. The test is to see what elements of sponsorship and coercion are involved in the Governments activities vis a vis religion. I do *not* think mere expression of something that someone out there disagrees with is a valid objection... As I posted earlier, why would an atheist have any more right to be offended by this display than I am offended by them making 1st street into "Cesar Chavez Avenue" in my hometown? Ask instead what coercive elements are there to this act. I find none, and I see this 'sponsorship' of historical/cultural value, so imho should not be considered unlawful.

Also, I happen to think that when a Liberal Federal Judge makes a bad ruling, we need to stamp our feet and make a noise, because that crowd is quite deaf.

1,072 posted on 08/22/2003 1:17:50 PM PDT by WOSG
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To: inquest
This begins to address the question, but it still needs to be asked: Is it truly one of the "privileges" of citizens to put whatever religious decoration they want in their courthouses & other government buildings?

Religious expression is certainly one of those liberties, is it not? By what right does Judge Moore deny that liberty to others who seek time in the public square? And if that question sounds familiar, I think I asked it of you about 700 posts ago ;)

Mathematically, that's impossible, so someone's going to be deprived of that "privilege", is that not correct?

Could be. We could always avoid that particular can of worms by not allowing any religious displays in the first place. I'm personally inclined to go with a "best effort" standard in that sort of thing, but we could assure complete fairness by closing the door to everyone, if you like.

1,073 posted on 08/22/2003 1:23:40 PM PDT by general_re (A clear conscience is usually the sign of a bad memory.)
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To: lugsoul
And they do say for purposes of the 1st Amendment - not necessarily that government can "establish" non-religion as a religion, but that the practice of no religion can be freely exercised.

In other words you're telling me that atheism, according to their legal reasoning, can be a religion within the meaning of the free-exercise clause, but not within the meaning of the establishment clause? Weren't you castigating me yesterday for saying that religion can have a different meaning in one clause than in the other?

And regarding your earlier point that promotion of atheism, while you say it would not likely violate the establishment clause, might nonetheless violate the free-exercise clause, I have a couple of comments. The first is that this interpretation I'd think would tend to make the establishment clause redundant, since the promotion of any religious belief would, by that reasoning, interfere with the free exercise of other religions. Secondly, it would be difficult to make the case that promotion of atheism, in a way that doesn't involve any coercion, can seriously be considered to be interfering with people's ability to worship as they see fit. If that were the case, then similar promotion of a secular viewpoint would violate freedom of speech.

1,074 posted on 08/22/2003 1:36:37 PM PDT by inquest (We are NOT the world)
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To: inquest
Hold on, now. That's an assumption that you and the courts are making.

I think I ought to revisit this before it gets too far away and I forget about it. I'm not sure it's entirely accurate to say that this is merely an "assumption", either on my part or on the part of the courts. I'm not simply assuming, in the absence of any support, that the 14'th applies the establishment clause to the states - that is the law. It's sort of like objecting that I'm just assuming that a carrot is an edible orange vegetable that grows underground and has a long, tapering shape to it. That's not an assumption - that's what a carrot is, as a matter of definition. The courts are responsible, at the moment, for defining what the meaning and applications of the 14'th amendment are - it's not an assumption on their part any more than the nature of a carrot is an assumption by the folks at Webster's. Defining it is what they do. We may disagree with their definition, but that really doesn't make it an assumption, nor am I simply assuming that this is the law when I report it to you - that is, in fact, the law, by definition.

1,075 posted on 08/22/2003 1:36:50 PM PDT by general_re (A clear conscience is usually the sign of a bad memory.)
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To: usadave
Your correction is noted...still the core point is that they just cannot ignore court orders. I oppose abortion on demand, but if I block the doorway of the clinic, I go to jail. I oppose federal income tax, but if I don't pay, I go to jail....I realize in this particular example, there is ample argument that the court CANNOT order the removal of the commandments...but until the courts settle the issue, they have no choice to to comply.
1,076 posted on 08/22/2003 1:37:21 PM PDT by Moby Grape
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To: WOSG
As I posted earlier, why would an atheist have any more right to be offended by this display than I am offended by them making 1st street into "Cesar Chavez Avenue" in my hometown?

Well, I think you both have a right to be offended, but neither of you have the right to impose your will on other people just because you're offended. The atheists may very well be, and probably are, offended by the display in the rotunda. That doesn't mean that they should have the power to make it go away, a sort of heckler's veto, if you will. The answer is to permit them to peacefully express their views as well, without giving someone else who might be offended by them the power to make them go away. That seems fair, doesn't it?

1,077 posted on 08/22/2003 1:40:24 PM PDT by general_re (A clear conscience is usually the sign of a bad memory.)
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To: general_re
You ask first:

By what right does Judge Moore deny that liberty to others who seek time in the public square?

and then say:

but we could assure complete fairness by closing the door to everyone, if you like.

Either people have the "privilege" of putting displays in the public square, or they don't. If they do, then "closing the door to everyone" would be just as unacceptable as closing the door to some people. Unless, of course, you wanted to argue the case on equal-protection grounds ;-)

1,078 posted on 08/22/2003 1:42:10 PM PDT by inquest (We are NOT the world)
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To: inquest
No, that is not what I'm saying, at all.

To be protected by the 1st Amendment, it is not necessary to classify non-religion as a "religion." The prohibition on establishment of religion and restrictions on the free exercise thereof necessarily and logically ban any compulsion to worship - and therefore would protect one's right to freely worship no religion at all. That doesn't make it a "religion." It is oxymoronic to claim that the opposite of religion is religion.

1,079 posted on 08/22/2003 1:42:21 PM PDT by lugsoul
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To: smith288
"**Sir, with all due respect, I am not going to go out of my way and shun people or not try to reach them because they sin . Thats what the Pahrisees did. You HAVE to associate with them like a Doctor has to associate with the sick.

I have not, nor will I ever accept homosexuality, murder, theft, et al as normal behavior. All are sins. All are in need of Gods word and the love of Jesus Christ. So while I understand you are on the good team as a brother in Christ, I strongly urge you to put up arms in Christ in the form of love and in witness. Because when those evil people see you slam the door, they label you and Jesus as hateful thus lowering the chance that they may in the future, seek Christ as their final refuge.**"


Thank you for your rebuke. Christ tells us to "be carefull how we act"

Because you are a christian, please allow me to show you some reference scripture showing why I believe as I do(especially Ephesians 5:11). These are all I could find on my lunch hour, but there are many references beyond these:

1 JOHN 5:16

If you see a christian sinning in a way that does not end in death, you should ask God to forgive him and God will give him life, unless he has sinned that one fatal sin. But there is that one sin which ends in death and if he has done that, there is no use in praying for him.

2 JOHN 1:10

If anyone comes to teach you, and he doesn’t believe what Christ taught, Don't even invite him into your home. Don’t encourage him in any way. If you do You will be a partner with him in his wickedness.

EPHESIANS 5:6-7

Don’t be fooled by those who try to excuse these sins, for the terrible wrath of God is upon all those who do them. Don’t even associate with such people.

EPHESIANS 5:11

Take no part in worthless pleasures of evil and darkness, but instead rebuke and expose them . . .(5:13) But when you expose them, the light shines upon their sins and shows it up, and when they see how wrong they really are, some of them may even becom children of light!

From The Living Bible (Tyndale Press) 1971 Paraphrased.

1,080 posted on 08/22/2003 1:45:35 PM PDT by Roughneck (Starve the Beast!)
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