Antonin Scalia Says Constitution Allows Government To Persecute Atheists

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NoStateofMind

Diamond Member
Oct 14, 2005
9,711
6
76
While I agree that this opinion is that of an asshole, I find it amusing that when it's a right wing judge saying something disagreeable about the intent of the Constitution, the left starts screaming about how he needs to be removed.

But when someone questions a left wing judge on something like the overly broad interpretation of the Commerce Clause, those same left wingers start lecturing about how they're Supreme Court judges, and constitutional scholars, and not to be questioned by us mere mortals.

Just thought I'd troll that out there.

Your contribution has been duly noted.
 

Atreus21

Lifer
Aug 21, 2007
12,007
572
126
The “American tradition” that Scalia refers to doesn’t have much of a history. “Under God” was slipped into the Pledge in 1954 as a slap at godless Communism. “In God We Trust” wasn’t codified for use on paper money until 1956…

Yes, and the prohibition on school prayer was decided more recently still, in 1962.
 

JEDIYoda

Lifer
Jul 13, 2005
33,982
3,318
126
While I agree that this opinion is that of an asshole, I find it amusing that when it's a right wing judge saying something disagreeable about the intent of the Constitution, the left starts screaming about how he needs to be removed.

But when someone questions a left wing judge on something like the overly broad interpretation of the Commerce Clause, those same left wingers start lecturing about how they're Supreme Court judges, and constitutional scholars, and not to be questioned by us mere mortals.

Just thought I'd troll that out there.
Amen!!! Preach it, Brother!!
 

senseamp

Lifer
Feb 5, 2006
35,787
6,195
126
So essentially, Scalia is placing corporations above atheist real American citizens in terms of religious protections. Does anyone really believe that was the Founders' intent?
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
So essentially, Scalia is placing corporations above atheist real American citizens in terms of religious protections. Does anyone really believe that was the Founders' intent?

Scalia places his own arrogance above everything else. His whole "Originalist" schtick shows that. Only he and Thomas are capable of deciphering the true intent of the Founders, who obviously meant for corporations to be treated as people, right?
 

lopri

Elite Member
Jul 27, 2002
13,211
597
126
So essentially, Scalia is placing corporations above atheist real American citizens in terms of religious protections. Does anyone really believe that was the Founders' intent?
Actually he does not even believe in the Founders' intents any more. He now is a "textualist," and he has some sort of authority over texts written hundreds of years ago.

According to himself, of course. This "Originalist" thing is quite postmodern, if you think about it. Everything is there in the text waiting to be "deconstructed."

On topic: what he said wrt religion is consistent of what he has written over the past 20 years, to be honest. That is his actual view that those who believe in Jesus, and only Jesus, should be able to use the government to celebrate their belief.
 

Venix

Golden Member
Aug 22, 2002
1,084
3
81
Oh good, more absurdly terrible sensationalized reporting. Here are a few more quotes from his speech:

"No principle of democracy is more fundamental than what has become known as the separation of church and state."

“It would be wrong to think, however, that the separation of church and state must mean that the political views of men and women must not be informed by their religious beliefs."

I haven't been able to find a full transcript, but the gist of it seems to be no different than anything he's said for the past 30 years: people are free to practice whatever religion they wish (or none at all) without government interference, but it's acceptable for the government to recognize religion through things like Christmas tree displays, prayers before legislative sessions, voluntary school prayer, statues of religious figures, etc. I rarely agree with his religious rulings and I suspect that he might feel differently if the dominant religion were one other than his own, but his beliefs really aren't that outrageous or dangerous.

From what I can tell, the "favor religion over non-religion" part just meant that he believes it's appropriate for government employees to talk about religion even while serving in an official capacity. He contrasted this to countries that enforce secularism by banning government officials from referring to their religious beliefs.

But I haven't read the whole speech, so maybe it really was part of his master plan to send atheists to death camps.
 
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lopri

Elite Member
Jul 27, 2002
13,211
597
126
I am glad that Scalia made clear of his view to some people through this episode. The religious are already privileged in our society and people need to know that. When taxation was at issue, the churches got out of it citing the Establishment clause. Of course even before that they received countless government services, e.g. police, fire department, court services, etc.

Once they got what they wanted (tax exemption) through separation-of-the-church-and-the-state doctrine, they then used the Free Speech clause as a reason to be subsidized. The argument goes, if government pays for art education in college why should it be prevented from aiding a priest-in-training? If government officials want to pray, stopping them is a violation of the 1st Amendment!

So the end result is that the churches receive every welfare benefit that secular institutions receive while being exempt from taxes. Isn't that enough? Do we really need to use the government so that we can pray while holding other citizens a captive audience?

I myself do not believe in rigid separation between the churches and the state, but we should remember that human history has been, for the most part, people killing each other in the name of faith. Alienating fellow citizens for being non-believers is a step we do not want to take.
 

alzan

Diamond Member
May 21, 2003
3,860
2
0
He fancies himself a real world Frodo Baggins - is this really who we want interpreting the Constitution?
 

Vic

Elite Member
Jun 12, 2001
50,415
14,307
136
I am glad that Scalia made clear of his view to some people through this episode. The religious are already privileged in our society and people need to know that. When taxation was at issue, the churches got out of it citing the Establishment clause. Of course even before that they received countless government services, e.g. police, fire department, court services, etc.

Once they got what they wanted (tax exemption) through separation-of-the-church-and-the-state doctrine, they then used the Free Speech clause as a reason to be subsidized. The argument goes, if government pays for art education in college why should it be prevented from aiding a priest-in-training? If government officials want to pray, stopping them is a violation of the 1st Amendment!

So the end result is that the churches receive every welfare benefit that secular institutions receive while being exempt from taxes. Isn't that enough? Do we really need to use the government so that we can pray while holding other citizens a captive audience?

I myself do not believe in rigid separation between the churches and the state, but we should remember that human history has been, for the most part, people killing each other in the name of faith. Alienating fellow citizens for being non-believers is a step we do not want to take.
You had me right up until the last paragraph. It's not faith that makes people kill each other. Because if they really believed, they would never kill even in self-defense.
It's the alienation that is the problem. Identification with one faith or another is just one of many means of creating alienation.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
Oh good, more absurdly terrible sensationalized reporting. Here are a few more quotes from his speech:

"No principle of democracy is more fundamental than what has become known as the separation of church and state."

“It would be wrong to think, however, that the separation of church and state must mean that the political views of men and women must not be informed by their religious beliefs."

I haven't been able to find a full transcript, but the gist of it seems to be no different than anything he's said for the past 30 years: people are free to practice whatever religion they wish (or none at all) without government interference, but it's acceptable for the government to recognize religion through things like Christmas tree displays, prayers before legislative sessions, voluntary school prayer, statues of religious figures, etc. I rarely agree with his religious rulings and I suspect that he might feel differently if the dominant religion were one other than his own, but his beliefs really aren't that outrageous or dangerous.

From what I can tell, the "favor religion over non-religion" part just meant that he believes it's appropriate for government employees to talk about religion even while serving in an official capacity. He contrasted this to countries that enforce secularism by banning government officials from referring to their religious beliefs.

But I haven't read the whole speech, so maybe it really was part of his master plan to send atheists to death camps.

The title is certainly sensational and I've learned that when something looks pretty fantastic it's usually good to look at the original source material and apparently the source material doesn't exist or at least I can't find it.
 

lopri

Elite Member
Jul 27, 2002
13,211
597
126
But there is nothing new about the view he reportedly espoused. It is Scalia's actual view which he stated over and over again in his writing for the past decades. (I can find one if anyone wants to read up)
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
But there is nothing new about the view he reportedly espoused. It is Scalia's actual view which he stated over and over again in his writing for the past decades. (I can find one if anyone wants to read up)

It's hard to know precisely what Scalia's real views are. Certainly he leans towards religious conservativism much more than other members of the court but let's play devils advocate here (which tickles my sense of the ironic in phrasing) and let's look at something which looks suspiciously like the article we see about Scalia here.

Selective quotation and attribution to exaggerate a claim is so commonly used it should be immediately suspected, but human nature being what it is leads many intelligent people to leap on it as gospel if you pardon the pun. Consequently everything alleged may be true, or it may not, and I like to see what was actually said, not just selected for quotes, for the basis of my judgements.
 

JEDIYoda

Lifer
Jul 13, 2005
33,982
3,318
126
So essentially, Scalia is placing corporations above atheist real American citizens in terms of religious protections. Does anyone really believe that was the Founders' intent?
How can Atheists have religious protection when according to some they are not a religion...hmmmm
 

sportage

Lifer
Feb 1, 2008
11,493
3,159
136
I was trying to think of some witty reply but can't get over the equation.
Where
A = The absurd
B = Hollywood
C = Bonzo
D = Reagan
E = Right Wing
F = Election
G = Scalia
Thus A = G
Do the math...
 

senseamp

Lifer
Feb 5, 2006
35,787
6,195
126
How can Atheists have religious protection when according to some they are not a religion...hmmmm

The very first thing the Bill of Rights does is protect Americans from the government establishing a religion, that is from being persecuted by the government for not having the religious beliefs it wants you to have. So Atheists have protections derived from the Establishment Clause, before you even get to the Free Exercise Clause, and whether Atheism is a religion.
 

Jaskalas

Lifer
Jun 23, 2004
33,593
7,653
136
Hayabusa Rider is right.

Before condemning a man, I would like to hear it from him and not his enemies.
 
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