Word: religion
(lookup in dictionary)
(lookup stats)
Dates: during 1980-1989
Sort By: most recent first
(reverse)
...established views on the separation between church and state. The creche dissent in the Allegheny decision brought together Justices Anthony Kennedy, Antonin Scalia, Byron White and Chief Justice William Rehnquist, all of whom favor a sweeping reinterpretation of what the Bill of Rights means by forbidding government "establishment of religion...
...conservative dissent, which would have allowed the creche, was written by Kennedy, 52, the court's newest member. Kennedy contended that the majority ruling by Harry Blackmun, and in effect a whole train of Supreme Court decisions, "reflects an unjustified hostility toward religion." In his opinion, Kennedy proposed that the court apply two new tests to determine the constitutionality of links between the government and religion. First, Kennedy wrote, "government may not coerce anyone to support or participate in any religion or its exercise." Second, the court should outlaw only those "direct benefits" that tend to create a state religion...
Blackmun's creche ban was based on more sweeping standards, in accordance with legal precedents, that said the government could neither endorse nor support any religion. Kennedy's position and his vehemence troubled liberal court observers. If his view prevails, says Lee Boothby, counsel to Americans United for Separation of Church and State, "we would be litigating hundreds of cases we thought we had settled." One more vote -- perhaps a Bush appointment to the court -- would give these Justices the clout to undo 40 years of church-state law on everything from school prayer to public aid for church agencies...
Although Kennedy and company appear to defend religion, many legal scholars continue to maintain that faith is better protected by separation, since doing otherwise forces government to emphasize the secular. It would be better, contends law professor Douglas Laycock of the University of Texas, for the court to simply rule that "the government shouldn't celebrate religious holidays...
...RELIGION: A fiery black priest defies his church...