Tag: religious freedom

A Pelican Ate a Lemon and the Kindness Test

Mark Davis1 Comment

The Pelican State, Louisiana, just passed a law requiring the display of the Ten Commandments in public schools. The posters have a specified size and must be paid for by private donations. The purpose of the law is a blatant attempt to get religion back in public schools but the legal convolutions for trying it out once again are rather interesting, though I don’t think the reasoning will work.

Here’s an NPR interview with Matt Krause of the First Liberty Institute that defends religious liberty cases and supports the new law. He specifically singles out Kennedy v. Bremerton School District as showing a path forward for the Decalogue to reappear on schoolhouse walls. In Kennedy, a football coach would go pray at the 50-yard-line after games. He didn’t gather students with him or utter prayers over a loudspeaker. He just prayed alone. The school district fired him because they were nervous about the separation of church and state and the appearance of endorsement by the school system due to an employee acting religious. SCOTUS, however, used a balancing test between the coach’s First Amendment rights and the school’s desire for non-endorsement and concluded that the school system went too far. Krause thinks that the suspension in Kennedy of a hard delimitation gained from Lemon v. Kurtzman and the adoption of a weaker “history and tradition” standard creates a gap that the Decalogue can sneak through.

I doubt it. The balancing in Kennedy sheds little light on schoolhouse Ten Commandments posters which were ruled against in Stone v. Graham. In Stone, a strict “Lemon test” was applied to the display and it was found to have no secular purpose.… Read the rest

The Illiberal, Openness, and Oppression

Mark DavisLeave a comment

Continuing on with my fascination with intellectual conservatism (just removed denigrating scare quotes at the last minute), Sohrab Ahmari vs. David French is a curious anomaly to me, though it may have been always lurking below the surface. Certainly, going back to the Moral Majority, the desire of conservatives to have their version of Christianity play a greater role in US governance has been with us in terms of voting patterns and cultural preferences, but the notion that among the intelligentsia there was a desire for some kind of Christian Dominionism or at least greater control of the public square is not a perspective I’ve encountered. Instead, there were more targeted approaches like criticizing Roe v. Wade on the basis of constitutional arguments and legal ideas, or working towards expanding tax-dollar flows to home schoolers or other select (I originally wrote “fringe” here, but need to work on my neutral voice language that ebbs and flows) religious ideas. The religious deserved to not be disregarded in the face of cultural drift.

It’s worth noting that using the US Constitution as a touchstone for bolstering protections for the religious seems to most of us as a secular appeal rather than a scriptural or theological one. Such an approach squares nicely with our increasing defense of the rights and freedoms of groups previously marginalized or discriminated against. Yet part of the right (Ahmari and a pastor named Doug Wilson, at least; French is their foe) sees a desire for greater cultural and political control as actually rooted in that legal basis. After all, if reason is intrinsically derived from their god, then the reason in the American Experiment is always and inextricably tied to that god.… Read the rest