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Back from the almost dead; SCOTUS & religion related

Posted on 1/23/20 at 11:23 am
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67482 posts
Posted on 1/23/20 at 11:23 am
Religion, primarily Christianity has been slowly dying at the hands of the Government (pick a level) for years but for some strange unknown reason it has started to rise from the ashes over the past 3 yrs.....and I can't figure out WHY.

But

quote:

Supreme Court: Kavanaugh, Alito, & Breyer Suggest Montana Discriminated Against Religious Schools

quote:

At issue in the case is 2015 legislation enacted by Montana lawmakers to give taxpayers a dollar-for-dollar tax credit for contributions up to $150 to a student scholarship organization.

except
quote:

The Montana Department of Revenue, which implemented the scholarship program, decided to adopt an administrative rule to exclude religious schools as a “qualified education provider.”


There's a nice little testy exchange between some of the justices and the lawyer representing the state of Montana and well.....let's just say Montana ain't fairin' too gooder



Breitbart
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57211 posts
Posted on 1/23/20 at 11:38 am to
quote:

“No, so we don’t think the race analogy is apt,” Unikowsky argued. “I don’t think that's constitutional, and we just don’t think that race and religion are identical for all constitutional reasons.”


Wow.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67482 posts
Posted on 1/23/20 at 11:39 am to
I told you it wasn't goin' well for Montaner
Posted by N.O. via West-Cal
New Orleans
Member since Aug 2004
7178 posts
Posted on 1/23/20 at 11:45 am to
I don't know about religion, per se, but religious liberty is certainly faring better under the current administration, as it should.
Posted by Quidam65
Q Continuum
Member since Jun 2010
19307 posts
Posted on 1/23/20 at 11:48 am to
History lesson for the PT:

Many states have state constitutional amendments prohibiting taxpayer money to be used for religious purposes.

They were called "Blaine amendments" and originally were targeted to keep taxpayer funds away from Catholic organizations, based on a "fear" that the Vatican would somehow take over America by doing so. (This belief that Catholicism will ultimately rule the world is prominent in fundamentalist circles; it is far less prominent in evangelical and Pentecostal circles.)

Now personally, I'm not fond of school voucher programs, because all you need is a shift in the political winds, and the government will force the religious entities to do things its way or face closure for lack of $$$. BUT if you're going to allow taxpayers to use public funds for non-public schools, then you have to allow both sectarian and non-sectarian ones access.
This post was edited on 1/23/20 at 11:49 am
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67482 posts
Posted on 1/23/20 at 11:56 am to
quote:

Many states have state constitutional amendments prohibiting taxpayer money to be used for religious purposes.

A religious school & religious purposes is not necessarily the same....example - there is no such thing as Catholic Algebra
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 1/23/20 at 12:06 pm to
quote:

“No, so we don’t think the race analogy is apt,” Unikowsky argued. “I don’t think that's constitutional, and we just don’t think that race and religion are identical for all constitutional reasons.”
He final sentence is correct. The First Amendment and the Fourteenth have different language, different legislative history, different rationales and different societal history.

I think the religious schools win this fight, but they win with an ”Equal Protection” analysis rather than with a First Amendment analysis
This post was edited on 1/23/20 at 12:21 pm
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 1/23/20 at 1:40 pm to
Condolences for the premature death of your thread.

An actual interesting issue, and the thread drops like a rock in favor of 30 threads about Hunter-freakin-Biden.

Sad.

Posted by Manzielathon
Death Valley
Member since Sep 2013
8951 posts
Posted on 1/23/20 at 1:43 pm to
quote:

This belief that Catholicism will ultimately rule the world is prominent in fundamentalist circles; it is far less prominent in evangelical and Pentecostal circles.


I completely disagree. Even non-religious people I know who were simply raised Protestant still hate the Catholic Church with a passion.
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