The reason the feds have an easier time with things like prayer and religious symbology is that they have better lawyers.
There are maybe half a dozen lawyers who post on this thread. Any one of them can review a proposed holiday display and give you advice as to whether it will pass muster or not. From what I've seen, the advice from any of them would be reliable. It doesn't take genius to figure out how these cases go.
I've handled religious discrimination cases myself, and pay close enough attention to them in the news that I have an accordion folder labeled "Church and State." So far I have yet to guess wrong as to how a case will go, except for the Pledge of Allegiance case, where they surprised me by punting it on lack of standing. I don't see why they bothered to grant cert with no standing.
Here is how Congress does it: they have guest chaplains from every religion give the benediction in any given year. Protestants, Catholics, Jews, Moslems, Native Americans, Buddhists, you name it. And the prayers are non-denominational.
Here is how the SCOTUS does it: the SCOTUS building is decorated with images from every major lawgiver and many religions, so Moses and the Ten Commandments is one among many including Hamurabbi and Napoleon. They begin the session with "God save this Honorable Court," which is non-denominational.
Here is how the President does it: he has representatives from every major religion and many minor ones lead prayers in the White House. The White House Christmas display has, in addition to a manger scene and a Christmas tree, a humongous menorah and a huge fire pit full of Yule logs.
OK, those approaches work.
Now, here's how Judge Roy Moore did it: first, he put a plaque of the Ten Commandments in his courtroom. This was held to be ok because it was his personal courtroom and judges have wide latitude in decorating their own courtroom.
Then, when he was elected to the Alabama Supreme Court, he put a humongous statue of the Ten Commandments smack dab in the main entryway of the building, paid for by a religious organization, and then when various civic groups asked if they could put their own displays alongside this, said "no." Jesus is Lord, so they could put their own displays in the hallway, someplace inconspicuous, which would not compete on an equal footing with the religious display.
Do you see the difference?
Moore isn't stupid. He knew he could win if he allowed other displays to have equal pride of place, but his beliefs would not allow that. He believes that Jesus is Lord and every knee shall bow, so the Ten Commandments must dominate. |
