Uncommon Sense

March 5, 2019

SCOTUS … Wandering … Wandering

Filed under: Politics,The Law — Steve Ruis @ 11:32 am
Tags: , , ,

The US Supreme Court decided to stay out of a case from New Jersey about taxpayer funding of the historical preservation of churches. This leaves in place a decision by the New Jersey Supreme Court that held the denial of state funds to religious establishments did not violate the church’s free exercise rights.

Of course, the unwise and unwary justices couldn’t leave well enough alone:

“At some point, this court will need to decide whether governments that distribute historic preservation funds may deny funds to religious organizations simply because the organizations are religious. … [B]arring religious organizations because they are religious from a general historic preservation grants program is pure discrimination against religion.” Justice Brett Kavanaugh

He says “discrimination” as if it were wrong. In this case discrimination is right. The word “discrimination” has taken on as a primary meaning of discriminating for illegal reasons, such as racial or age discrimination in hiring. But the word just means being able to recognize a distinction; to differentiate. In the justice’s case, he is supposed to discriminate between actions the government is legally allowed to take and actions the government is not. If I may quote from the First Amendment to the Constitution:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;. . .”

Since the adoption of that amendment, the courts have ruled over and over that the government cannot use funds in support of any religion and that this rule applies to the states as well as the federal government. So, according to the Constitution, the SCOTUS is supposed to discriminate between funds spent legally and funds spent illegally, in this case “in support of any religion.”

So, in response to Justice Kavanaugh’s “is pure discrimination against religion.” Yes, thank you, for recognizing what the Constitution stipulates we must do. You have finally recognized your duty and my hope is that you continue to discriminate for the Constitution as you have sworn to do.

 

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