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Texas likely to join Louisiana in requiring the posting of theTen Commandments in public school classrooms
By HatetheSwamp
June 22, 2024 6:11 am
Category: Law

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Two years ago, in the case about the high school football coach praying on the field after games, the Supreme Court set aside the "Lemon Test," i.e., the rule that the Court had been using, and tweaking for about 50 years, to settle Establishment Clause cases.

In all the brouhaha surrounding the Dobbs abortion decision, the Court did the same thing with liberal,... i.e., EFFINBigBrother... legal precedent and no one cared about the earthquake in religion law.

I wish I could speak with the confidence of a former Supreme Court clerk and Ivy League law school professor, as does po. But, from what I can tell, Texas, especially, has been studying the 022 Kennedy decision in writing the law that it, likely, will pass next session.

What pb likes about this Court is its adoration of the Bill of Rights, of individual liberty and of its preference for the Tenth Amendment over the Fourteenth Amendment, which previous liberal, and timid conservative courts used to foist liberal politics on innocent citizens.

White woke progressives? Clearly the days when you can foist your politics on America through the Supreme Court are over. We may be seeing the dawning of a new age of individual liberty...

...and, for HatetheSwamp, that's a good thing.


Cited and related links:

  1. en.m.wikipedia.org



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Comments on "Texas likely to join Louisiana in requiring the posting of theTen Commandments in public school classrooms ":

  1. by Indy! on June 22, 2024 9:16 am

    Remind me again who is "foisting" anything upon anyone when you reds demand the Ten Commandments be displayed in every classroom with Jews, Muslims, atheists, agnostics, coptics and plenty others in those same classrooms would rather keep religion where it belongs - in church? If I were still in school - I would be pulling them down at every opportunity.


  2. by Ponderer on June 22, 2024 9:50 am

    Indy!, "foisting" anything on anyone is only something that the right wing is allowed to do to others.


    And come to think of it...

    How can forcing the placement of religious dogma on classroom walls not be considered religious grooming when having a simple rainbow on the wall is...?



  3. by HatetheSwamp on June 22, 2024 10:18 am

    Indy,

    The Ten Commandments are Jewish and Moses is revered in Islam.

    And, my former uniparty hater now progressive SwampDem friend,...

    ... the foisting comes when the Court forces citizens to do things they wouldn't do through "the people and their elected representatives" in state government...

    ... like forcing people in, say, Mississippi and Utah to legalize same sex marriage.

    Years ago, I told po that same sex marriage will become the law of the land only after it is foisted by the Supreme Court. Typically, I was correct.

    Happily, the day of government "of the people, by the people and for the people" is returning to America.


  4. by HatetheSwamp on June 22, 2024 10:26 am

    How can forcing the placement of religious dogma on classroom walls not be considered religious grooming when having a simple rainbow on the wall is...?

    How can our official motto, "in God we trust," on our currency not be considered religious grooming?

    How can forcing people to list an address in, say, Corpus Cristi, or St Augustine not be religious grooming?


    And, po. I, personally, am opposed to these measures but we have a Bill of Rights which says... right at the beginning... that Big Brother can't prohibit the free exercise of religion.

    Why don't you move to a country that suppresses religious expression if you're such a theophobe!!!!!?


  5. by Curt_Anderson on June 22, 2024 10:57 am
    "Big Brother can't prohibit the free exercise of religion." ---HtS

    You missed an important part of the first clause* in the First Amendment. It also says that Congress (aka Big Brother, the government, etc.) shall not make laws "respecting" any religion. In other words, government should not be in the business of prohibiting or promoting religion.

    * Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;


  6. by HatetheSwamp on June 22, 2024 11:31 am

    Curt,

    Under the Lemon Test, placing an EFFINposter would be considered establishing a religion. But, apparently, not n'more.


  7. by Curt_Anderson on June 22, 2024 11:40 am
    What Louisiana is doing IS excessive government involvement with religion. Its wrongheadedness might be clearer to you and other MAGA cultists if Louisiana mandated that all classrooms display a poster of Sharia Law.


  8. by HatetheSwamp on June 22, 2024 1:25 pm

    Yeah, Curt, you've made that accusation many times over the years. And, you're wrong.

    I, personally, oppose what Louisiana has done and what Texas probably will do. If there'd be a proposition to vote on the issue here, I'd vote against it... but I respect the reality that this is a land in which individual liberty is a guarantee. And, that freedom of religion comes first in the First Amendment. America, BABY!

    So much of what you white woke progressives are about is, it seems to me, rooted in hate... and fear. You clearly seem to be paranoid about the possibility that religious faith might become a more accepted component of our national conversation.

    As I've said, it's extremely likely that the coming years won't be good years for theophobes.

    Tough titties!


  9. by Curt_Anderson on June 22, 2024 1:49 pm
    HtS,
    You persist in your misguided notions about individual liberty. Individual liberty does NOT mean what the majority of voters in a certain area of the country or even the entire country might prefer.

    Individual liberty IS all of our freedom to exercise freely those rights generally accepted as being outside of governmental control. If what you do doesn't harm others, the government should not be involved.

    The zealots in Louisiana and their allies elsewhere would be the first to complain about a book in the school library that might offend their sensibilities and anything they perceive as infringements on their parental rights.

    If a person doesn't want their kid's school to be tacitly be instructing and indoctrinating their kid that certain religious views are superior to the parents' own religion (or lack thereof), the government shouldn't be opposing that. It doesn't pass the Lemon Test.



  10. by HatetheSwamp on June 22, 2024 2:38 pm

    Individual liberty does NOT mean what the majority of voters in a certain area of the country or even the entire country might prefer.

    But, Curt. But, Curt. The Tenth Amendment gives rights to the states and to citizens.

    Here's a real zinger for you: Several states actually had their own state supported religion after the Constitution and the Bill of Rights were ratified. The last state to disestablish its own state religion was Massachusetts... in 18 EFFIN 33.

    Clearly, individual liberty did mean precisely what you think what you think it didn't.

    And, bruh, displaying posters ain't nuthin compared to using state taxes to support a church.

    I don't know how far the Court is going to go with granting states freedom over religion. But, it could go a looooooooong way... based on US history.


  11. by Indy! on June 22, 2024 4:07 pm
    PB...

    Indy,

    The Ten Commandments are Jewish and Moses is revered in Islam.


    Jewish and muslim folks are not pushing for the 10 Commandments, the far right American Taliban are the only ones pushing for it. Read what I said and ask for help if you don't understand what is being said.


    ... the foisting comes when the Court forces citizens to do things they wouldn't do through "the people and their elected representatives" in state government...

    ... like forcing people in, say, Mississippi and Utah to legalize same sex marriage.


    No one in MS or UT is being forced to marry the same sex. It does not affect them in any way until they turn on Fox like you and get brainwashed into believing they are being offended because they're fucking snowflake idiots.


    How can our official motto, "in God we trust," on our currency not be considered religious grooming?


    It is. You finally got one right.


    And, po. I, personally, am opposed to these measures...

    You're lying.

    ...but we have a Bill of Rights which says... right at the beginning... that Big Brother can't prohibit the free exercise of religion.

    It also says separation of church and state. You can "exercise" on your own time like everyone else. Like all wingnuts - you get your "Constitutional info" from Fox and they are lying to you the same way you lie to us.


  12. by Indy! on June 22, 2024 4:09 pm
    Curt:

    "What Louisiana is doing IS excessive government involvement with religion. Its wrongheadedness might be clearer to you and other MAGA cultists if Louisiana mandated that all classrooms display a poster of Sharia Law."


    If I were in school now - that's another thing I could do... Make copies of Sharia law that fit perfectly within the frame of the 10 commandments they have posted on the wall and simply paste it up over them when no one is looking.


  13. by HatetheSwamp on June 22, 2024 4:37 pm

    It also says separation of church and state.


    You're busted. It absolutely does not say, "separation of church and state."


  14. by Curt_Anderson on June 22, 2024 6:30 pm
    HtS,
    Yes, the Tenth Amendment gives states all powers not specifically given to the federal government. However, the Fourteenth Amendment places a limit on that power to protect people's civil liberties--those are the individual liberties which you misconstrue.

    No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


  15. by HatetheSwamp on June 23, 2024 3:44 am

    Curt,

    My point since Dobbs is that there is tension between the Tenth and Fourteenth Amendments... and that this Court valued the Tenth Amendment and, as our Ivy League law school professor would say, EFFINdefied the Fourteenth Amendment when it declared that abortion should be regulated "by the people and their elected representatives."

    As to "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws,"

    Louisiana is proposing the display of a freakin friggin POSTER. That's not abridging any privilege or immunity nor denying anyone equal protection,... or, at least, that I can see. The standard is going to be what a reasonable person thinks or feels... not a snowflake.

    It'll probably be at least two years before the Supreme Court hears this case. But, I just can't wait for the ACLU Fourteenth Amendment argument.


  16. by Ponderer on June 23, 2024 7:48 am

    "How is a poster of the Ten Commandments dogma?" -Hate

    "Louisiana is proposing the display of a freakin friggin POSTER. That's not abridging any privilege or immunity nor denying anyone equal protection,..." -Hate

    So Hate believes that the government making a law mandating that a poster of the Ten Commandments be placed in all public schools isn't foisting religious dogma on the students and doesn't constitute a government establishment of religion.

    As if a law imposed by the government establishing that a religion's dogma must be presented in all classrooms should in no way be seen as the government establishing that religion in all classrooms.

    Next, Hate's American Taliban will establish a law something like how all teachers must read from the Bible to their classes for ten minutes every day.

    Hate will of course defend this also by declaring that it is not religious indoctrination or "dogma". "How is a book with words in it 'religious dogma'?". He will say that the teachers will just be reading words from a book to the class like they do all the time.

    Freedom of religion does not mean that the government gets to foist its preferred religion in every child's face.


    "As to 'No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws,'" -Hate

    I love how he apparently believes that last part is legally relevant only when it is applied to Christians or other select minorities that the religious right favor, but not to other minorities. Those other minorities, such as LGBTQ citizens or followers of non-Christian religions, are to be deemed as second class citizens with unequal or no protection under the law as far as they are concerned.


  17. by HatetheSwamp on June 23, 2024 8:44 am

    So Hate believes that the government making a law mandating that a poster of the Ten Commandments be placed in all public schools isn't foisting religious dogma on the students and doesn't constitute a government establishment of religion.

    That's correct.

    As if a law imposed by the government establishing that a religion's dogma must be presented in all classrooms should in no way be seen as the government establishing that religion in all classrooms.

    But, po, it ain't. An established religion receives tax payer financing. It entails attendance of worship.


    If you want to know what the government does that establishes religious dogma... heck, Christian dogma... which I suspect you support...

    ...try declaring CHRISTmas a national holiday.

    Eh!!!!!?

    And, po. You can stop with the lies about me. I've stated several times now that I disagree with the law and that noted that, were it proposed here, I'd oppose it.

    But, I can see how it might be found to constitutional by this Court.

    Stop lyin.

    Your hate overtakes your ability to reason from time to time.

    Not good.


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