It seems that Texas has recently become a battleground featuring an epic struggle between the federal government and those who still hold onto the ideals of the Constitution and the Declaration of Independence.  Yet, it really hasn't been much of a fight after all.  Texas caved in when threatened with a shutdown of its airspace if it passed an anti-groping law designed to keep TSA employees from touching the genitals of 80-year old women and small children.

I suspect that the Texas of yesteryear would have at least called the government's bluff, but Texas is not what it used to be and neither is America. In any event, the new front in this battle to destroy liberty is the recent judicial ruling which prohibits (by force of arrest) prayer at a school graduation.  Americans have tolerated this outrageous interpretation of the First Amendment for far too long, yet our pusillanimity in the face of totalitarianism, and our lack of a basic understanding of our own founding documents, has left us defenseless.

Those who seek to destroy religious freedom cite the following clause of the First Amendment to justify their actions: "Congress shall make no law respecting an establishment of religion."  However, they always conveniently leave out the second part: "or prohibiting the free exercise thereof."  Essentially, the government cannot prohibit citizens from expressing their religious beliefs. That the government has ordered the school to avoid using words such as "amen," "prayer," and "benediction" under the threat of imprisonment should send shockwaves not only through the great state of Texas but across the country.

Yet, we have become so conditioned to having the government usurp our rights that our response to such egregious violations amounts to a whimper. There is a marked difference between government endorsing one religion over another and allowing its citizens to freely express their religious views. Let us hope (and pray, if that is still permissible) that the good people of Texas hold their ground and force the government's hand on yet another attempt to destroy one of the last bastions of liberty in this country.  

Comments:


EJHill
Joined
May '10
EJHill

What happened to rules prohibiting prior restraint?

Crow's Nest
Joined
Mar '11
Crow's Nest

I see absolutely no reason why a non-denominational, ecumenical prayer is out of bounds at public events, and neither would the founders.

Also, perhaps one of our Ricochetoise who holds a law degree can explain to your humble servant here, me, how this ruling could have come about prior to the ceremony (I share EJ's incredulity). How did this suit even have standing? Thanks!

Talleyrand
Joined
May '10
Talleyrand

(Off the main issue but a simple question from an ignorant Aussie) Does your State and Federal Congresses, Senates etc open each session with a prayer for God's guidance. We do so here in a very secular Australia, and at both Federal and my local State Parliaments. Note our Prime Minister Julia Gillard is a committed atheist, with a de facto boyfriend, who usually just shuts up whilst the prayers are offered.

There is even have this on the entrance to Queens Hall between the two chambers of the Houses of Parliament (Proverbs 11:14)

http://www.flickr.com/photos/rexness/4345226886/

EJHill
Joined
May '10
EJHill
Talleyrand: (Off the main issue but a simple question from an ignorant Aussie) Does your State and Federal Congresses, Senates etc open each session with a prayer for God's guidance.

Yes. There has been a Chaplain appointed in both Houses since the beginning of the Republic. The Rev. John Witherspoon, a signer of the Declaration of Independence, served as the Continental Congress' chaplain as well as representing the colony of New Jersey.

Not JMR
Joined
Nov '10
Jan-Michael Rives

I sincerely hope there's more to this story than what is being reported. 

Aaron Miller
Joined
May '10
Aaron Miller

Brian Mark Weber:

Yet, we have become so conditioned to having the government usurp our rights that our response to such egregious violations amounts to a whimper.

There's a fine line between obedience and rebellion. Like Americans elsewhere, Texans are desperately trying to find a choice between complaining while we obey and refusing to submit to legal authorities.

That dilemma can arise from the most petty circumstances. My brother-in-law recently attended a high school football game. In addition to stepping through a metal detector, he was forced to throw his cigarette lighter in a garbage bag (along with the dozens which other attendees had already relinquished). In other words, he was told he must either trash his property or be banned from participating in a public event. Because it was just a cheap lighter, he chose to relinquish his property. But what if he refused?

Nobody wants to be imprisoned or fined for refusing to obey an unjust law. But that's what needs to happen, I fear.

We should tolerate formal injustice for the sake of unity and peace only to a degree. It's difficult to know where, and how, to draw the line.

Mike LaRoche
Joined
Oct '10
Mike LaRoche

An appeals court has overturned the judge's ruling.

John Walker
Joined
Oct '10
John Walker

Aaron Miller

Nobody wants to be imprisoned or fined for refusing to obey an unjust law. But that's what needs to happen, I fear.

We should tolerate formal injustice for the sake of unity and peace only to a degree. It's difficult to know where, and how, to draw the line.

I believe the first step is to regard and treat those who proclaim and enforce these unjust “laws” (legislation is not synonymous with law) as collaborators, with all the opprobrium and ultimate consequences they are due, whatever the motivations of their contemptible behaviour.

Skyler
Joined
May '11
Skyler

This is yet another reason why we should not allow government to run schools.  

In the past, Texas would have never backed down on the TSA matter because until just recently, Texas was a democrat state. The last time Texas defied the federal supremacy, 600,000 people died. Does anyone seriously doubt that the Obama administration would not have reacted as strongly as possible? 


Joined
Apr '11
Quinn the Eskimo

Two points:

1. The lower court ruling turns the Establishment Clause on its head.  Instead of the government imposing its religious views, it is imposing its non-religious views, particularly on non-government employees, i.e. the students.  The students statements may be subject to the rules of decorum, an even-handed school policy and common sense, but no one serious thinks that a student saying "amen" is the government imposing religion on anyone.

2. If something like this cause "irreparable harm", then the plaintiff are really, really weak.  Everyday, people hear things they don't like to hear.  Even at graduation ceremonies.  One simply cannot be that frail and expect to make it through life in the real world.

John Lamoreaux
Joined
Feb '11
John Lamoreaux

Yet again proving the wisdom of Cracker Jack's decision to stop including law degrees as special prizes.

Judge Biery still seems confused about the meaning of the terms 'legislative' and 'judicial'. Granted, it's subtle, but there are some who regard it as important.

Couple years ago Biery also tried to ban a Christian school from participation in extracurricular activities with public schools. That was overturned as well.

If you're curious what else goes on (or doesn't) in Biery's mind, please allow me to recommend his Order and Opinion concerning the Internal Combustion Engine:

http://www2.mysanantonio.com/PDFs/20110422_opinion.pdf

(I wonder if meds would help....)

Not JMR
Joined
Nov '10
Jan-Michael Rives

John Lamoreaux: Yet again proving the wisdom of Cracker Jack's decision to stop including law degrees as special prizes.

Judge Biery still seems confused about the meaning of the terms 'legislative' and 'judicial'. Granted, it's subtle, but there are some who regard it as important.

Couple years ago Biery also tried to ban a Christian school from participation in extracurricular activities with public schools. That was overturned as well.

If you're curious what else goes on (or doesn't) in Biery's mind, please allow me to recommend his Order and Opinion concerning the Internal Combustion Engine:

http://www2.mysanantonio.com/PDFs/20110422_opinion.pdf

(I wonder if meds would help....) · Jun 3 at 9:59pm

I don't know the judge personally, and perhaps the thing makes sense in context, but after skimming through that opinion I have come to the conclusion that this man might be mentally ill.

Edited on June 5, 2011 at 6:35pm
Kenneth Gauck
Joined
May '11
Kenneth Gauck

Unfortunately, the religion clause of the 1st Amendment is only embraced one half at a time, and the history of the other half is always conveniently ignored. History is remembered, and too often selectively. The academy and the law profession remember Jefferson and Madison quite well, read their view on things and embrace their Enlightenment suspicion of institutional religion. Madison drew a particularly hard line, opposing any state or Federal spending on anything religious. If you interpret the 1st Amendment through Jefferson and Madison alone, you end up with the academy's and the legal profession's view on the matter. 

But of course the 1st Amendment was achieved by an alliance of Enlightenment disestablishmentarians and Great Awakening "evangelicals". (The term "evangelical" was not in use at the time in its current sense.) Both groups aimed at the Congregationalists and Anglicans who had established churches in New England and the Southern states. Neither could hope to capture the Federal government because negatively, "Congress shall make no law respecting an establishment of religion." and positively, "or prohibiting the free exercise thereof." But the modern evangelicals only remember the history of their fore-bearers and sometimes claim the Constitution without Madison/Jefferson. 

Jaydee_007
Joined
Jul '10
Jaydee_007

 I always love Liberal Logic.

Let us Prohibit the Free Exercise thereof in an attempt to Not Establish, Yeah, that's the ticket.

And we'll make the key phrase Congress shall pas no law respecting an establishment of religion...

Not The Establishment of Religion
Not Any Establishment of Religion
Not All Establishment of Religion

But we shall interpret An to mean The, Any or All!

Otherwise it just means that the Government isn't allowd to Pick One Religion for Everyone.

This way we get to supress Any Religion for Anyone.  (Except of course Islam.  Which we have chosen to respect.)


Would you like to comment on this Conversation?

Become a Member for $3.67 a month.

Join the Conversation
Already a member? Sign In
Loading

Start your shopping here!

Help support Ricochet by making your purchases through our Amazon links.

Welcome Visitor!
Join  or  Sign In

Become a Member to enjoy the full benefits of Ricochet:

Ricochet: The Right People, The Right Tone, The Right Place.  Join today!

Already a Member? Sign In