Second-class citizenship for those with deeply religious moral systems

Bob Sheridan bobsheridan at earthlink.net
Mon Nov 27 16:43:48 PST 2006


So, is it correct to say that a question, or one side of a proposition, 
is not a constitutionally objectionable religious one simply because 
some proponents argue that God favors it, at least in their view, or it 
is supported officially by a church, but that the proposition only 
becomes objectionable when it can be said, by at least five votes you 
know where, that there has been an establishment of religion violation 
(or free exercise violation)?

Bob S.

Volokh, Eugene wrote:
> Howard Schewber writes:
>  
>   
>> None of those things are meaningful unless they are based on 
>> a prior commitment to the proposition that they trump the 
>> "God argument" in cases of conflict.  But (western) religions 
>> teach that they take precedence over mere political 
>> commitments because God is greater than any human mind or 
>> will.  If a president gets up and says "God wants me to have 
>> absolute control over our nation in order to further His 
>> work, and I call on all Christians to support God's will and 
>> on Christians in Congress to ensure that their colleagues do 
>> not attempt to use the Constitution to interfere with my 
>> execution of that will" then either he has done something 
>> improper and is unfit for office, or the American experiment is over.
>>     
>
> 	Well, if a President gets up and says "Scientific materialism /
> feminism / environmentalism mandates that I have absolutely control over
> our nation," we'd condemn him, too -- but because we condemn absolute
> Presidential control.  That, it seems to me, is what's doing the work
> here, not the religious or nonreligious source of the President's
> sentiments or appeal to his colleagues.  Conversely, if he says "God
> wants us to fight to eradicate racial discrimination, because all people
> are God's children," that's proper regardless of the religious mode of
> the argument.
>
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