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re: Another JL moment: 10 Commandments coming to La public schools.

Posted on 5/17/24 at 12:09 pm to
Posted by CatfishJohn
Member since Jun 2020
14074 posts
Posted on 5/17/24 at 12:09 pm to
quote:

I can smell a lawsuit with this down the road.


Based on what precisely?


"Congress shall make no law respecting an establishment of religion."

This is in the constitution and while congress isn't making state laws, they get challenged and lose under the separation of church and state concept.

And as a personal aside, I vote republican usually, but it is infuriating when our time and money is spent on shite like this when there are so many needs.
This post was edited on 5/17/24 at 12:12 pm
Posted by Adam Banks
District 5
Member since Sep 2009
32165 posts
Posted on 5/17/24 at 12:15 pm to
quote:

"Congress shall make no law respecting an establishment of religion."



Posted by LNCHBOX
70448
Member since Jun 2009
84453 posts
Posted on 5/17/24 at 12:16 pm to
HB8 seems to have been allowed, so I'd be interested in hearing why this would be different.
Posted by thejuiceisloose
Member since Nov 2018
4302 posts
Posted on 5/17/24 at 12:34 pm to
quote:

"Congress shall make no law respecting an establishment of religion."

This is in the constitution and while congress isn't making state laws, they get challenged and lose under the separation of church and state concept.


The first amendment applies to state actions through the due process clause of the 14th amendment
Posted by dallastigers
Member since Dec 2003
5768 posts
Posted on 5/17/24 at 1:19 pm to
quote:

Congress shall make no law respecting an establishment of religion."


As you quoted the first was specifically written to limit Congress only and incorporated to the states by the Supreme Court long after the Constitution’s adoption and almost 80 years after the 14th amendment’s ratification, which was used by Supreme Court to incorporate. Grant pushed the failed Blaine amendment because the 14th amendment’s intent when written and ratified wasn’t to incorporate and apply the 1st’s specific limit on Congress to the states.

Regardless the 10 commandments are included in several federal buildings including Moses holding them in the Supreme Court building. Also in various state govt buildings.

I don’t know what this particular program in Louisiana is being set up to do, but the 10 commandments can be part of a public school setting in a historical or a social context. The lemon test is done.
quote:

"There is an unbroken history of official acknowledgement by all three branches of government of the role of religion in American life from at least 1789"
This post was edited on 5/17/24 at 1:26 pm
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