Earlier this month, the United States Supreme Court issued a 5-4 ruling holding that it was not unconstitutional for a public institution (Hastings University Law School) to require a institution-recognized student group (Christian Legal Society (CLS)) to allow any student to participate in the group regardless of their status or beliefs. You can read the…
Tag: Supreme Court
Supreme Court nominee Sotomayor’s rulings on religious issues
University of Toledo law professor Howard M. Friedman has compiled a list of Judge Sonia Sotomayor’s rulings on religion clause issues at his blog, Religion Clause. Sotomayor has served on the Second Circuit since 1998. She served as a federal district court judge in the Southern District of New York from 1992 to 1998.
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.
Double Standards? – Supreme Court to hear two religious groups battle over monument
PLEASANT GROVE, UTAH – The U.S. Supreme Court today will hear an argument where two religious groups are fighting over whether one or both of them have the right to have their viewpoint heard. Summum, a small religious group wants to erect a monument on public land listing of the “Seven Aphorisms,” but conservative Christian groups oppose it on the basis that it does not reflect their traditional values. The small plot of land already has a 10 comandments monument that has been there since 1971.
Professor Steven Calabresi on Enforcing Morality (Harvard Journal of Law & Public Policy)
In this essay published in the Harvard Journal of Law and Public Policy, Steven Calabresi, the George C. Dix Professor of Constitutional Law, Northwestern University School of Law, comments on Judge Robert Bork’s thought-provoking book, Slouching Towards Gomorrah, specifically focusing on governmental efforts to enforce morality. Calabresi argues that there is a place in the…
Religious Pluralism & America’s Christian Nation Debate: Revisiting the Intentions of America’s Constitutional Founders
By Gregory W. Hamilton The constitutional system of the United States of America remains the envy of the outside world despite the growing unrest of our European allies towards our country’s Administration, and the continual provocation against it by terrorists and a few hostile Arab-Muslim nations. Yet the greatest threat to our constitutional system comes…
Barack Obama’s judicial nominees (Baltimore Sun)
James Oliphant of the Baltimore Sun blogged about Barack Obama’s judicial nominees. http://weblogs.baltimoresun.com/news/politics/blog/2008/05/printer-obama_on_judges.html Here is some of what Obama has said on the topic: What you’re looking for is somebody who is going to apply the law where it’s clear. Now there’s gonna be those five percent of cases or one percent of cases where…
Supreme Court to consider Ten Commandments vs. ‘Seven Aphorisms’
Must a city park that displays one monument also permit others’? By David G. Savage, Los Angeles Times Staff Writer April 1, 2008 WASHINGTON — If a city allows a monument with the Ten Commandments to be erected in a public park, must it also allow other religions and groups to display monuments of their…