Odd ruling in 10 Commandments Case

[Jose Fly]

At Connellsville Junior High East in Pennsylvania, there is a 10 Commandments monument in front of the school.

A few years ago, Americans United for Separation of Church and State and the Freedom From Religion Foundation wrote the school and asked them to take it down. The school boarded up the monument and planned to send it to a local church. Then, due to locals being upset, school officials changed their minds and took the boards off. So AU and FFRF, with a student plaintiff, sued and asked a judge for a summary judgement. The school also asked for a summary judgement.

The judge agreed with FFRF and AU that the monument is a religious display and in violation of the Establishment Clause.

"The monument still stands alone outside the school, declaring to all who pass it, ‘I AM the LORD thy God.’ There is no context plausibly suggesting that this plainly religious message has any broader, secular meaning,” wrote McVerry.

McVerry added that First Amendment law “no doubt, is not always clear. But in this case, it compels a finding that the Ten Commandments monument at the Connellsville Area School District Junior High School runs afoul of the Establishment Clause. "​

But here's the odd part. Because the process took so long, the student who was the plaintiff is no longer at the school, which means he/she no longer has standing. On that basis, the judge said that even though the monument at the school is illegal, it can stay up. So if the AU and FFRF want it taken down, they need another student willing to be a plaintiff and a speedier legal process.

 

[Nick M]

On that basis, the judge said that even though the monument at the school is illegal, it can stay up. So if the AU and FFRF want it taken down, they need another student willing to be a plaintiff and a speedier legal process.

Kind of like Chief Justice Roberts when he said Obamacare is illegal (and it is) but it will be enforced on everybody anyway.

 

[Jonahdog]

Kind of like Chief Justice Boehner when he said Obamacare is illegal (and it is) but it will be enforced on everybody anyway.

Ah, Nick, you know it is illegal because of your great judicial background.

 

[Nick M]

Ah, Nick, you know it is illegal because of your great judicial background.

Basic reading skills tells you it is a violation of the commerce clause. Even a tard like you can figure it out.

 

[shagster01]

If nobody at the school cares, then I don't either. It was boarded up when someone did care. Now someone else has to care for it to be boarded up again.

I also wouldn't care if a school in China Town had a Buddha statue, as long as nobody attached to it cared either.

I do this thing called minding my own business.

 

[Jonahdog]

Basic reading skills tells you it is a violation of the commerce clause. Even a tard like you can figure it out.

Then a number of well-educated jurists must lack "basic reading skills".

And Nick, your basic hatefulness is showing, you may want to fix that, Jesus might not like it, even if it makes you feel more like a tough guy.

 

[Nick M]

And Nick, your basic hatefulness is showing

Ah, Nick, you know it is illegal because of your great judicial background.

The left can not help themselves.

 

[Jose Fly]

UPDATE: The school has decided to remove the monument from school grounds.

:up:

 

[kmoney]

What if they only showed Commandments 6-10? Those don't mention 'God'. :think:

 

[bybee]

At Connellsville Junior High East in Pennsylvania, there is a 10 Commandments monument in front of the school.

A few years ago, Americans United for Separation of Church and State and the Freedom From Religion Foundation wrote the school and asked them to take it down. The school boarded up the monument and planned to send it to a local church. Then, due to locals being upset, school officials changed their minds and took the boards off. So AU and FFRF, with a student plaintiff, sued and asked a judge for a summary judgement. The school also asked for a summary judgement.

The judge agreed with FFRF and AU that the monument is a religious display and in violation of the Establishment Clause.

"The monument still stands alone outside the school, declaring to all who pass it, ‘I AM the LORD thy God.’ There is no context plausibly suggesting that this plainly religious message has any broader, secular meaning,” wrote McVerry.

McVerry added that First Amendment law “no doubt, is not always clear. But in this case, it compels a finding that the Ten Commandments monument at the Connellsville Area School District Junior High School runs afoul of the Establishment Clause. "​

But here's the odd part. Because the process took so long, the student who was the plaintiff is no longer at the school, which means he/she no longer has standing. On that basis, the judge said that even though the monument at the school is illegal, it can stay up. So if the AU and FFRF want it taken down, they need another student willing to be a plaintiff and a speedier legal process.

I am wondering why "freedom from religion" is more valid than "freedom of religion"?

 

[patrick jane]

At Connellsville Junior High East in Pennsylvania, there is a 10 Commandments monument in front of the school.

A few years ago, Americans United for Separation of Church and State and the Freedom From Religion Foundation wrote the school and asked them to take it down. The school boarded up the monument and planned to send it to a local church. Then, due to locals being upset, school officials changed their minds and took the boards off. So AU and FFRF, with a student plaintiff, sued and asked a judge for a summary judgement. The school also asked for a summary judgement.

The judge agreed with FFRF and AU that the monument is a religious display and in violation of the Establishment Clause.

"The monument still stands alone outside the school, declaring to all who pass it, ‘I AM the LORD thy God.’ There is no context plausibly suggesting that this plainly religious message has any broader, secular meaning,” wrote McVerry.

McVerry added that First Amendment law “no doubt, is not always clear. But in this case, it compels a finding that the Ten Commandments monument at the Connellsville Area School District Junior High School runs afoul of the Establishment Clause. "​

But here's the odd part. Because the process took so long, the student who was the plaintiff is no longer at the school, which means he/she no longer has standing. On that basis, the judge said that even though the monument at the school is illegal, it can stay up. So if the AU and FFRF want it taken down, they need another student willing to be a plaintiff and a speedier legal process.

sounds like the typical nonsense and waste og the judicial system. from the lawyers to the plaintiff and defendant and judge, a waste of monet=y and time. taxpayer money -

 

[Jose Fly]

I am wondering why "freedom from religion" is more valid than "freedom of religion"?

It's not.

 

[Jose Fly]

sounds like the typical nonsense and waste og the judicial system. from the lawyers to the plaintiff and defendant and judge, a waste of monet=y and time. taxpayer money -

I agree. There's more than enough case law on these sorts of things, so schools should know better than to waste time and resources putting up religious displays, and then defending the practice in courts, when they know they're going to lose.

But as some cases show, the Christians who do these sorts of things don't care. For whatever reason, they really, really want the government to endorse and promote their religion.

 

[serpentdove]

It's not.

Do you want God's law hidden from your eyes wherever you go? 1 Ti 1:9, Re 6:16

 

[Jose Fly]

If the 10 Commandments are that important to you, why doesn't every Christian in the country put a monument up in their front yard? Why doesn't every church have one? Why doesn't every Christian-owned business have one at the front door?

 

[rexlunae]

What if they only showed Commandments 6-10? Those don't mention 'God'. :think:

Religion isn't just about mentioning God. It's a whole set of traditions and beliefs.

 

[serpentdove]

Religion isn't just about mentioning God. It's a whole set of traditions and beliefs.

It's written on your (Eccl 10:2, Jn 10:10) heart. Have you scrubbed it from there, too? :Shimei: Heb 10:16, Ro 1:21, 1 Ti 4:2

 

[kmoney]

Religion isn't just about mentioning God. It's a whole set of traditions and beliefs.

I guess we all know that atheists want nothing to do with Commandments against killing, adultery, theft, false witness, and coveting. That a list against those things couldn't belong to anything other than a religion. :devil:

 

[Jose Fly]

Funny how the religious think that they're the only ones who figured out how killing each other is bad for a society.

 

[rexlunae]

I guess we all know that atheists want nothing to do with Commandments against killing, adultery, theft, false witness, and coveting. That a list against those things couldn't belong to anything other than a religion. :devil:

Why this particular formulation? All of the plausible reasons are religious.