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Has the supreme court been fair on the first amendment?

The Bean in Chicago my hometown Asked by mariachitown about 1 year ago, 4 answers.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

A very simple but controversial statement. Do you think the Supreme Court has been effective over the years in upholding this part of...

the First Amendment to the US Constitution?

Shark Atack Answered by funadvice on May 06, 2008, 03:08PM
53829 answers

They ruled that the Nebraska legislatures use of a tax-payer paid chaplain conducting prayers in the legislature chamber did not violate the establishment clause.

Yeah, Marsh v. Chambers. It was a good decision, if people would only read the opinions of the justices. The prayer itself was not found to be in violation of the establishment clause, only the act of using state funds to pay the chaplain to read it.

I agree, by and large the rulings have been very fair. People don't read the rulings, and then make false assumptions about what the Court has said.

1 person thought this was helpful
Not nice to laugh at other's short comings Answered by ethmer on May 06, 2008, 10:12AM
3529 answers
Advisor-small

 
Yes!
 

Toadaly Answered by toadaly on May 06, 2008, 10:26AM
4241 answers

In recent decades, yes, but no so much prior to the 1960's.

How far we have come... Answered by jimahl on May 06, 2008, 10:38AM
2615 answers

Yes and no.

Here are a few of the fair rulings:

They have correctly ruled that creation science is in fact not science and can not be taught in schools as such.

They rightfully ruled that a pittsburg public building could not display a creche.

They correctly denied the esablishment of a hasidic only school district in NY.

The upheld a lower court ruling denying a santa fe high school from saying a prayer over the PA system before football games.

And some of the unfair ones:

They ruled that the KKK had the right to put a cross on the grounds of the Ohio statehouse.

They ruled that the Nebraska legislatures use of a tax-payer paid chaplain conducting prayers in the legislature chamber did not violate the establishment clause.

They ruled that school vouchers allowing students to attend religious schools at the expense of the government did not violate the establishment clause.

There are lots of cases going both ways, but I think the way the court has been going lately, we will get more unfair than fair.

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