Maggie's Farm

The Rogue Court, More

A Souter quote in the McCreary County (Ten Commandments) case, in NERepub:

“The divisiveness of religion in current public life is inescapable,” he said. “This is no time to deny the prudence of understanding the Establishment Clause (of the First Amendment) to require the Government to stay neutral on religious belief….”

Historically, this is nonsense. As one blogger pointed out yesterday - I forget who - during the early years of the nation several states had specific religious criteria for candidates for office.  This is pure legislating from the bench, and it is insidious and wrong. In the end, as NERepub notes, public religious behavior and symbols become relegated to a similar status as pornography. Furthermore, if "divisiveness" is ample justification for a ruling, why not ban the Democratic Party? They are very "divisive" too. Heck, ban the NYYankees too - always creating angry division with the Red Sox.