Raw Majority Power: Why Checks and Balances Matter

An epic battle played out on two levels at the California Supreme Court on March 5. On a surface level, attorneys fought over a technical issue of whether the Proposition 8 prohibition on gay marriage represented a revision or an amendment. On the deeper level, the question asked was whether there are any limits on the majority to impact the rights of the minority.

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PRECEDENT – A century ago religious groups tried to change the California Constitution to enact a religious law

J.O. Corliss – Liberty Magazine – 1908 – “California is the only State in the American Union without a Sunday law. From 1858 to 1883 a Sunday-rest statute in that State was made so annoying to many of its citizens that it became an object of political contention. The supposed dominant party, through church affiliations, inserted a plank in its platform, pledging itself to maintain the Sunday law for the betterment of the laboring class. The other party went to the polls, on a pledge to repeal the existing statute requiring Sunday rest, on the ground of its hostility to religious rights.”

The result was a political upheaval in favor of repealing all Sunday laws in the State of California. About the same time the State supreme court handed down a decision in the case of ex parte Newman, declaring a Sunday law unconstitutional. Since then three attempts have been made by the churches to have the legislature re-enact a Sunday-law statute. These advances have been coldly met, on the ground that any such statute could have no force in the face of the constitutional limitation.

PRECEDENT – A century ago religious groups tried to change the California Constitution to enact a religious law Read More »

Senator – Conservative and Christian broadcasters could still be threatened by proposed broadcast regulations (KIITV)

In a floor speech, Oklahoma Senator James Inhofe noted that while the Senate voted last week against reinstatement of the Fairness Doctrine, it approved another amendment saying federal regulators should promote diversity in media ownership and ensure that broadcasters operate in the public interest.

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Religious Persecution on the Horn of Africa (American Spectator)

Somalia continues to implode, as Islamists gain increasing control over what remains of the impoverished, conflict-ridden nation. But it is not the only human tragedy in the region. Eritrea, which won its independence from Ethiopia in 1993 after decades of war, has earned a reputation as one of the world’s youngest tyrannies. It also is one of the world’s worst religious persecutors.

Religious Persecution on the Horn of Africa (American Spectator) Read More »

Emotion, misunderstanding mark religion-in-school cases (The Tennessean)

Most people have a mistaken understanding of what the First Amendment means, says Charles Haynes, a senior scholar at the First Amendment Center.

“People tend to carry around two failed models in their head,” Haynes said. “Either we keep religion entirely out of public schools or we keep on doing what we used to do in the good old days and promote religion in school.”

Because of those failed models, schools end up making poor decisions when it comes to religion.

Emotion, misunderstanding mark religion-in-school cases (The Tennessean) Read More »

In wake of Supreme Court decision, ‘clear defense needed of church-state wall’ (Des Moines Register)

Considering the U.S. Supreme Court’s contentious struggles over free speech and religion, it was a surprise to say the least to see Wednesday’s ruling unanimously endorsing a government installation of the Ten Commandments in a city park.

While this ruling will likely have limited impact, it raises troubling questions about how dedicated this court – particularly the younger justices, who will be shaping it for decades to come – will be to maintaining the proverbial wall separating church and state.

In wake of Supreme Court decision, ‘clear defense needed of church-state wall’ (Des Moines Register) Read More »

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