• Butt Pirate@reddthat.com
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    5 months ago

    Two things:

    1. Separation of Church and State is not codified into law

    And

    1. 1A specifically says “Congress shall pass no law respecting any religion”. They’ll say this law was passed by a state, not congress. Ipso facto, they rule in his favor.
    • BrianTheeBiscuiteer@lemmy.world
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      5 months ago

      That whole “it only applies to Congress” angle is malarkey.

      303 Creative v. Elenis: The 1st Amendment bars Colorado from forcing businesses to provide service that goes against their religious beliefs.

      Shurtleff v. City of Boston: The City of Boston could not reject flying a Christian flag when it had open many other groups to fly different flags for various occasions.

      Kennedy v. Bremerton School District: A school board wrongfully terminated a coach for praying on the field.

      These are all recent cases too. Of course, that doesn’t mean they won’t find some different bullshit reason to say this is fine.

    • eltrain123@lemmy.world
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      5 months ago

      The actual text concerning religion says that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;…”. It’s arguable that requiring publicly funding schools to display a specific religions moral code is establishing their religious views as a standard others must follow.

      The second part of that (prohibiting the free exercise thereof) is not affected. They are free to do whatever they want in their private homes and institutions. They just are not free to force those practices on others or other’s children. You don’t have the freedom to “exercise” if exercise means forcing your will on others. And anyone that thinks that should be the case is specifically calling to remove that constitutional freedom from our society.

      It’s un-American… by definition…