Naked Scalia

28 June 2005 by Ron

Excellent piece commenting on Just-Ass Scalia’s dissenting opinion in the case where the 10 C’s were kicked out of the courthouse by Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment and Director of The Information Society Project at Yale Law School: “Justice Scalia Puts His Cards on the Table“. Read it; here are a couple of the key quotes from Scalia’s opinion:

With respect to public acknowledgment of religious belief, it is entirely clear from our Nation’s historical practices that the Establishment Clause permits this disregard of polytheists and believers in unconcerned deities [does he mean, Deists, like many of the Framers?-- ed.] just as it permits the disregard of devout atheists…. The three most popular religions in the United States, Christianity, Judaism and Islam– which combined account for 97.7% of all believers…. are monotheistic … [and] believe that the Ten Commandments were given by God to Moses… Publicly honoring the Ten Commandments is thus indistinguishable, insofar as discriminating against other religions is concerned, from publicly honoring God. ..they cannot reasonably be understood as a government endorsement of a religious viewpoint…

As Balkin comments about this:

And there you have it. If you aren’t a monotheist who believes in a personal God, the government may disregard you. You don’t count. We won’t persecute you, of course, that would violate the Free Exercise of Religion. But we can disregard you. You are insignificant. You are not us.

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