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August 18, 2006
Unconstitutional by Association
A recent court ruling claims that, while a religious display might not be unconstitutional in and of itself, if too many religious people get near it, it becomes unconstitutional.
The ruling from the Fifth Court of Appeals said the display of a Bible on public ground in Houston to honor the founder of a mission has to go, not because it was unconstitutional itself, but because it became unconstitutional when a Christian group rallied around it.The pastor's group said that means any monument, building, or even feature of nature is an illegal "establishment of religion" if a church ceremony is held there.
"Connecting the dots between the eminent domain case, which says all of your churches are up for grabs if a town wants a mall, secondly you now have been told you do not have constitutional rights in the public square," Dave Welch, executive director of the Houston Area Pastors Conference, told WorldNetDaily.
"Any kind of an event is okay, as long as you didn't express any religious faith. What is that telling you?
...Welch told WND that the court's conclusion was "ludicrous" and if followed logically, could mean that a religious rally at any public building would therefore make the building unconstitutional so it would have to be removed.
The Bible was installed on county property about five decades ago in honor of William Mosher, the founder of Star of Hope Mission, and was replaced in 1996 with donated funds. However, an atheist challenged the monument, and on an appeal from the District Court decision that the Bible was unconstitutional, the appeals court carried the argument further.
Its ruling said that the monument became an unconstitutional "establishment" after a 2003 rally was held by Christians to defend the display. That rally involved prayers and clergy, the court noted.
"The ramifications of this tortured decision are breath-taking and without any historic or legitimate Constitutional rationale," said the pastors' organization. "For the court to state that if a private citizen exercises his or her First Amendment rights of religious expression and assembly on public property, that any monument, building or fixed item of any kind that contains religious references becomes 'establishment of religion' is simply irrational."
Even if you don't think that such predicted persecution "followed logically" from such a ruling, the ruling itself is awful. It's certainly one that, if it stays in force on appeal, makes the constitutionality of any sort of religious display, even in a religious context, subject to the whims of judges. Is that what the First Amendment means by "free exercise" of religion?
Posted by Doug at August 18, 2006 01:50 PM