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25 new of 185 responses total.
other
response 50 of 185: Mark Unseen   Jul 23 02:26 UTC 2003

That would not be private.

And for the record, Bruce is not the arbiter of what the establishment 
clause means (thankfully!), but the USSC is.
bru
response 51 of 185: Mark Unseen   Jul 23 02:34 UTC 2003

so a monumant in a park is assaulting you, eh?  How many times you gonna run
up and smash your face into it?
jmsaul
response 52 of 185: Mark Unseen   Jul 23 03:03 UTC 2003

It's promoting religion.  Endorsing it, if you will.
glenda
response 53 of 185: Mark Unseen   Jul 23 03:16 UTC 2003

I see religion as a private thing.  Between me and whatever/whomever I
worship.  Putting the monument in a PUBLIC park takes that particular religion
out of the private venue and into the public one.  I find it offensive (even
though I was raised in a Christian home and still follow the Christian ethic.)
novomit
response 54 of 185: Mark Unseen   Jul 23 11:37 UTC 2003

Re 48. Any religion requiring human sacrifice would probably be illegal. Maybe
not the whole religion, but practising parts of it. Not that that would be
a bad thing. I am not too fond of people who take their holy writs too
literally trying to impose it on others via government, but I think it is
really an impossibility to keep government and religion 100% separate . . .
that would only have the effect of barring people from trying to practise
their religion if they are politicians. If a person is a Christian, and they
get elected, part of following their religion means obeying certain rules and
trying to get society to function in a certain "godly" way. To disallow this
would be religious discrimination, since that politician would be barred from
practising his religion as he understands it. On the other hand, making a
point of not electing such people if you strongly disagree with them would
be a good idea. Unless they are running for president, of course. 
slynne
response 55 of 185: Mark Unseen   Jul 23 13:20 UTC 2003

If a person has a religious belief that requires that they smoke pot, 
it isnt suddenly going to be legal for them. Maybe a bunch of 
Rastafarians should start getting high while sitting on that monument. 
I wonder what Bruce would think about that. 
klg
response 56 of 185: Mark Unseen   Jul 23 16:29 UTC 2003

re:  "#46 (russ):  Re #32:  Just because it took years for someone to 
enforce the Constitution doesn't mean it wasn't being violated for the
intervening time."

Were there no prior judicial decisions on religion/religious displays?


re:  "#48 (rcurl):  No laws have been adopted that prevent the private 
practice of religion...."

Mr. rcurl  (and Ms. glenda) -  Please state your definitions 
of "private practice."  Thank you.

rcurl
response 57 of 185: Mark Unseen   Jul 23 17:06 UTC 2003

I think it is self evident - "private practice" means not imposing the
practice on the public. 

But points have been made about some laws that do indeed prevent even the
private practice of some religous doctrines (i.e., the use of some drugs
in ceremonies - alcohol OK but peyote not). Polyamy by Mormons is another
example.  It was outlawed for all - but primarily on the religous
principles of other Christian sects. (This may actually change with
improved separation of church and state. I don't think there can be any
purely secular objection to the totally consensual practices of polygamy
or polyandry that does not involve force or fraud.) 

The trend is toward secular law not restricting private behavior that does
not have direct negative consequences of loss or injury that society
wishes to prevent. Such laws could restrict religious practices that cause
loss or injury, such as forced female circumcision, ritual crucifixion,
and withholding of medical treatment of children.

klg
response 58 of 185: Mark Unseen   Jul 23 17:13 UTC 2003

We believe that the definition is quite far from "self evident."  And 
ever if it were, what is self-evident to you is quite often different 
than what is self-evident to us - as you may have previously noted.

Now, if you would please, what do you mean by "imposing?"
rcurl
response 59 of 185: Mark Unseen   Jul 23 17:46 UTC 2003

Look it up.
scg
response 60 of 185: Mark Unseen   Jul 23 20:06 UTC 2003

I suspect that if a city council were to decree that every citizen got a piece
of land in a public park to do what they wanted with, some of those citizens
would put up religious displays and the courts wouldn't have a problem with
it.  Likewise, if a city council were to decide to sell a public park and put
it up for auction to the highest bidder, and the highest bidder happened to
be a church, I doubt the courts would have a problem with that either.  The
issue here is that when a city council decides to sell a piece of land to a
particular religious group, without giving anybody else the opportunity to
buy the land, that's pretty clearly a case of the government unfairly favoring
that religious group.

There's a case like this going on in Salt Lake City right now.  There's a
plaza outside Temple Square where some people like to protest against
mormonism.  When I was there, those protests seemed to consist of people
handing out flyers advertising religious other than mormonism, and a group
waving a rainbow flag and being video taped by the mormon security forces,
who are stiff looking men in dark suits wearing earpieces.
(http://www.gibbard.org/~scg/photos/mg.jpg is a picture somebody I was with
took of the actual video taping, another photo is http://tinyurl.com/hu2r).
The church wants to be able to have the protestors arrested, and the city is
thus trying to give the plaza to the church.
russ
response 61 of 185: Mark Unseen   Jul 23 21:50 UTC 2003

Re #47:  What, ANOTHER defect in your understanding?!  (sorry, sarcasm
getting out of hand here.)

Bruce, you *really* need to do more reading, especially about the
"establishment clause".  When the Constitution was ratified, several
states had established churches:  they were officially recognized by
the law and received tax monies.  It took some time to dis-establish
these churches and make the states compliant with the Constitution,
but eventually all churches were equal.  That's what it's about,
making people of all religions (and of none) equal before the law.

The people opposed to this were the antidisestablishmentarians.  You
ought to remember this word from grade school, but it's obvious that
you never thought about what it meant.  It's time to start.

Giving public land to a sect for a religious monument (before the
fact, or after) is establishment, and it's unconstitutional.
tod
response 62 of 185: Mark Unseen   Jul 23 22:01 UTC 2003

This response has been erased.

bru
response 63 of 185: Mark Unseen   Jul 23 22:51 UTC 2003

Is the Eagles a religious group?  They are indeed a fraternal order, founded
to promote family values.  They were originally composed mainly of actors and
theater owners.

Apparently they are responsible for mothers day, and for getting the social
security act passed.  They also supported medicare, the jobs after 40 bill,
and social security.

They are the people who donated the monument.
tod
response 64 of 185: Mark Unseen   Jul 23 23:27 UTC 2003

This response has been erased.

klg
response 65 of 185: Mark Unseen   Jul 23 23:39 UTC 2003

Mr. rcurl-
Do you consider "imposing" to be forcing other persons to do something 
against their will or merely to be speaking or acting within earshot of 
persons who may not be in agreement with such speech or acts?  We would 
maintain it is the former, but suspect that you believe it to be the 
latter.
rcurl
response 66 of 185: Mark Unseen   Jul 23 23:57 UTC 2003

"Imposing" of religion occurs in situations in which people are exposed to
religous expression while within their rights to not be so exposed because
it is a public venue. 

bru
response 67 of 185: Mark Unseen   Jul 24 04:01 UTC 2003

So they could get upset walking past a church?
rcurl
response 68 of 185: Mark Unseen   Jul 24 05:36 UTC 2003

Howso?
bru
response 69 of 185: Mark Unseen   Jul 24 14:04 UTC 2003

it is a monument to a religion, isn't it?  You can tell it from other
buildings, the style is rather unique.  It just screams religion at you,
infringing on your right not to have to deal with religion.
slynne
response 70 of 185: Mark Unseen   Jul 24 14:30 UTC 2003

A church isnt built on public land. Because that monument is on public 
land, not only must people be exposed to it, it is also using that 
public land. Maybe someone would rather put up a monument to something 
else, something, perhaps, a bit more secular. 
klg
response 71 of 185: Mark Unseen   Jul 24 16:07 UTC 2003

Thank you, Mr. bru.  Since Mr. rcurl takes the extreme position 
that "to expose" is tantamount "to impose," we do not believe that the 
basis for a rational discussion of this issue exists.
polytarp
response 72 of 185: Mark Unseen   Jul 24 16:21 UTC 2003

Is klg insane?
janc
response 73 of 185: Mark Unseen   Jul 24 16:33 UTC 2003

This is always a hard issue.

Here's the key thing, that I think most people would agree with:

  The government's treatment of a person should not be better or
  worse depending on that person's faith.

This doesn't mean it can't take their faith into consideration - it'd
be fine with me if an agency give Jewish employee's Fridays off while
giving Christian employee's Sundays off, or if people of different
faiths are given different options for how to swear to tell the truth
in court.  They can put crosses up on graves of Christians in Arlington
National Cemetery, as long as they have a way to accomodate non-Christian
soldiers too.  But there should be no PREFERENCES based on religion.

I don't think that that is controversial.

So let's take a trickier case.  Suppose we have a big fancy nativity
scene in the lobby of city hall.  A non-Christian stepping in the door
is going to feel like he has just stepped into someone else's church.
Not a place that he really belongs.  A place where he may or may not be
entirely welcome.  Such a prominent display of one religion's symbols is
likely to cause people of other religions to EXPECT to be treated like
second class citizens, whether they actually are or not.  It might well
make them more reluctant to seek help from city law, feeling that it is
primarily there for Christians.

If that happens, then this person is effectively excluded from some forms
of government assistance,  In an slightly indirect way, the person is
not going to get equal service from the government.

To exaggerate it to the point of near absurdity, if city hall had a
glorious painting of a black man being lynched by the Klan hanging in
the lobby, blacks might be reluctant to come to city hall for help,
even if everyone there treats blacks with perfect respect and fairness.
The expectation of ill treatment would be enough to stop many, even if
there was no actual ill treatment.

Thus keeping religous symbols off government property is a good thing.

But the line is awfully blurry in the US.  We have this big fuss
about this monument in a park, but it still says "In God We Trust" on
the currancy, and "under God" in the pledge.  Congress opens with a
"nondenominational" prayer.  Our politicians wrap themselves in God
whenever they can't completely cover themselves with the flag.  Given all
that, the monument seems like a pretty pety issue.

I'd like to see the line cleanly drawn and all that stuff religated
to history.  A monument in a park is not as bad as a nativity scene in
the city hall lobby, but we shouldn't have to be making fine judgements
about where the boundary line is.  Just ban it all.  Nobody's religion is
going to be harmed by this.  Some Christians may take this as a sign that
the government doesn't love them above all others anymore - but if they
ever felt that way, then that only proves that the problem was a real one.
rcurl
response 74 of 185: Mark Unseen   Jul 24 16:46 UTC 2003

Re #69: don't be silly. Chruch architecture is just another pile of bricks
(or whatever), like other buildings. I can usually identify its function
(although a week or so ago I saw one labeled "Hair Salon"  - I think there
is one on Broadway from which greetings cards are sold). The only thing
"religous" about a church structure is sometimes the message on the kiosk. 

Re #71: more distortions

And, of course, "God" has no place on our currency or in our patriotic
slogans or pledges. It is just pandering to a politically powerful
majority. 

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