Is this legal?

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CollectiveUnconscious

Senior member
Jan 27, 2006
587
0
0
Originally posted by: dartworth
There are those who say that the phrase "separation of church and state" does not appear in the Constitution. They are correct. The words "a wall of separation between church and state" are not found in our Constitution. Neither are the words "separation of powers"; "right to travel"; "freedom of association": or "religious liberty" found in our Constitution. This does not mean that those concepts are not embodied in our Constitution. The words "wall of separation between church and state" are the words of Thomas Jefferson.

The First Amendment to the Constitution reads: "Congress shall make no law respecting an establishment of religion [government neutrality toward religion], or prohibiting the free exercise thereof [religious freedom]." The 14th Amendment extended this requirement beyond the Federal government to all the state governments.

In Reynolds v. United States (1878), the Supreme Court stated, "In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between church and state.'" This was further emphasized in Everson v. Board of Education (1947), as expressed in the opinion for the majority written by Associate Justice Hugo Black. He wrote, "The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach."

In Lemon v. Kurtzman (1971), the Court established a three-prong test to determine if a governmental action is neutral toward religion. First, government institutions or legislation must have a secular purpose; second, the primary effect must be one that neither advances nor inhibits religion; and third, there must not be an excessive government entanglement with religion. This principle was further clarified by Associate Justice Sandra Day O'Connor in Lynch v. Donnelly (1984). She said, "What is crucial is that a governmental practice not have the effect of communicating a message of government endorsement or disapproval of religion."

The Supreme Court decisions provide an explanation of the rights and responsibilities granted by our Constitution. "Separation of church and state" is a constitutional principle that has been embraced by Supreme Court jurisprudence for more than one hundred years.

Those who insist upon denying the constitutional principle of "separation of church and state" are engaging in revisionist history. "Separation of church and state" is the prerequisite for religious and political liberty.

My point was that phrase is overused, and people don't look at the real meaning behind it.
 

JEDIYoda

Lifer
Jul 13, 2005
33,986
3,320
126
Originally posted by: BouZouki
In my Library at my school, there is one of those fake Christmas trees near the window where people walk by in the hallway.

It is not however decorated, just a plain tree, I don't know if they plan on decorating it or not..

As I was walking by it one day, I said to my friend, "look, theres the tree I was telling you about, that's wrong, what if I was jewish."

Then some a-hole teacher that was previously walking in the other direction says "What if you were Jewish, we can't have a tree!?"

Looks to me like you started the falme right away in your first post!!

The teacher was absolutely correct!! 100% correct I might add!!

I am Jewish and Christmas is celebrated in so many different ways in the US! Who am I to ruin the meaning or the jot this season brings to other by judging whether having a Chrustmas tree is right or wring!!

That whats wrong with this world.....people like the OP starts a thread out asking a descent quetion and then throws the ringer in on the last sentence.

Also what about those who have or claim to have no religion whatsoever?? So we just cancel the time of the season all together??

Sorry OP your teacher should taken you to the office and had you expelled for being a smart dupa punk kid!!

oh...BTW -- Merry Chrustmas and Happy Hannakuh and Kwanzaa,,,,etc etc

 
May 31, 2001
15,326
2
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Those of the Christian faith believe that God created the Heavens and the Earth. I fully expect the U.S. Government to move all of their offices to an orbital platform sometime in the near future so they can maintain this "separation of Church and State."
 

JEDIYoda

Lifer
Jul 13, 2005
33,986
3,320
126
Originally posted by: moshquerade
Originally posted by: KillyKillall
What's next? Forcing a student to take a cross off from around their neck because it's "religious?" Come on....
Here's what's next:

Santa Claus Deemed Too 'Religious' for School Fundraiser
(CNSNews.com) - A Christmas-themed event to raise money at a public elementary school in Warwick, N.Y., has been altered to accommodate a parent's complaints that the program would illegally spotlight a "religious" figure - Santa Claus.

"Breakfast With Santa" has since been changed to "Winter Wonderland Breakfast," and -- in an effort to be inclusive of all beliefs -- the bearded one will now be joined at the Dec. 9 event by Frosty the Snowman.

Organizers made the changes after one parent charged that she and others in the community were offended that the Parent Teacher Association at the Sanfordville Elementary School was sponsoring a program geared toward one religion.

That parent, who did not wish to have her name used, wrote a letter to the school board asserting that Santa represents Christmas -- a Christian holiday -- and by law, a public school is not allowed to promote religion.

According to the Warwick Advertiser, the PTA offered to include Hanukkah traditions in the event, but the parent said she felt this still wasn't fair because it included religious activities.

"I look forward to sponsoring an event that is within the law and inclusive of all," the parent wrote in a letter to the school superintendent, Dr. Frank Greenhall. "This is not an argument about religion; it is about the law of our land. Discrimination is simply detestable."

Greenhall then contacted an attorney, who advised him in a letter that the district "should, at a minimum, modify the events to avoid potential litigation."

http://www.cnsnews.com/ViewCulture.asp?...lture/archive/200611/CUL20061130e.html

What is this country coming too...that is very pathetic!!
 

Kadarin

Lifer
Nov 23, 2001
44,296
15
81
After reading this thread, I'm inclined to agree with the general sentiment that the OP here is a complete idiot.
 

brxndxn

Diamond Member
Apr 3, 2001
8,475
0
76
Originally posted by: BouZouki
In my Library at my school, there is one of those fake Christmas trees near the window where people walk by in the hallway.

It is not however decorated, just a plain tree, I don't know if they plan on decorating it or not..

As I was walking by it one day, I said to my friend, "look, theres the tree I was telling you about, that's wrong, what if I was jewish."

Then some a-hole teacher that was previously walking in the other direction says "What if you were Jewish, we can't have a tree!?"

the people that said something along the lines of STFU are right

You get my 'Ass Clown' award. So far, you are the only recipient.

 

dethman

Lifer
Oct 12, 1999
10,263
3
76
ah more OP ownage. with the 360 thread, the walmart return thread, and now this one, this is turning out to be a great week.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: moshquerade
Originally posted by: mercanucaribe
The tree is not a Christian symbol. It's a symbol of long dead religions, and is now secular. Moshquerade, he isn't part of the problem- religious symbols have no place in a public school. It's just that a tree is not a religious symbol.
why can't we have any religious symbols in our schools? do you think our forefathers forbade them? we have become so afraid of offending the minority that what the majority thinks doesn't mean crap.

i think the majority has become the new minority.

Our government was designed to prevent the majority from forcing their will on the minority.
 

Atheus

Diamond Member
Jun 7, 2005
7,313
2
0
Originally posted by: mugs
Originally posted by: moshquerade
Originally posted by: mercanucaribe
The tree is not a Christian symbol. It's a symbol of long dead religions, and is now secular. Moshquerade, he isn't part of the problem- religious symbols have no place in a public school. It's just that a tree is not a religious symbol.
why can't we have any religious symbols in our schools? do you think our forefathers forbade them? we have become so afraid of offending the minority that what the majority thinks doesn't mean crap.

i think the majority has become the new minority.

Our government was designed to prevent the majority from forcing their will on the minority.

I thought it was designed to unify the states and piss off the British?
 

Zenmervolt

Elite member
Oct 22, 2000
24,512
21
81
Originally posted by: mugs
a christmas tree is not a religious symbol.
Sure it is. Granted it's a Germanic Pagan religious symbol and not a Christian one...

As far as the OP's whole "separation of church and state", the ONLY thing the Constitution has to say is this, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". That's it, that's the beginning and end of it.

The phrase "separation of church and state" comes from a personal letter from Thomas Jefferson to a church group, supporting the church group's position that religion (or lack thereof) is a personal matter for each individual.

All of this nonsense about not having any religious symbols on government property is stretching the intent of the Constitution to a great extent. I'm Christian but it sure as hell doesn't bother me a bit when schools put up minorahs or display the star and crescent.

ZV
 

Fenixgoon

Lifer
Jun 30, 2003
32,126
10,969
136
Originally posted by: BouZouki
In my Library at my school, there is one of those fake Christmas trees near the window where people walk by in the hallway.

It is not however decorated, just a plain tree, I don't know if they plan on decorating it or not..

As I was walking by it one day, I said to my friend, "look, theres the tree I was telling you about, that's wrong, what if I was jewish."

Then some a-hole teacher that was previously walking in the other direction says "What if you were Jewish, we can't have a tree!?"

christmas is as much secular as it is religious, now. so as long as there isn't anything religious on the tree, i dont think it can be "wrong" in any way.
 

VWhed

Senior member
Jan 23, 2004
816
0
71
OP. You are what is "wrong" with the world today. It is your (and many others') thought-process, or lack thereof that is causing the rapid decline of society today. Please join the ACLU and jump off a bridge.

thank you
 

doze

Platinum Member
Jul 26, 2005
2,786
0
0
I think it is funny that people can be offended by a tree that has been brought inside or a jolly fat guy in a red suit.

I suppose we shouldn't put up the National Christmas tree in DC this year or the Rockefeller Center tree b/c it might offend the OP.

 

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
BouZouki is the perfect example of the panty-waste thin-skinned politically correct wussies we're creating in our society. Everyone is now hypersensitive to anything that could in any way be offensive to someone. If someone is offended by the existence of a tree, they need to get a life and learn to deal with it. Screw them.
 

Anubis

No Lifer
Aug 31, 2001
78,712
427
126
tbqhwy.com
christmass really had nothing to do with religion anymore, its a consumer holiday for 90% of the peopel out there
 

imported_Imp

Diamond Member
Dec 20, 2005
9,148
0
0
You know what the HILARIOUS thing is. In kindergarten, my teach celebrated hanika (I know that's spelled wrong, so sorry in advance). We made "stars" to put on Christmas trees, but they were Stars of David. We actually lit and blew out a candle on a menora. Mind you, this is in Canada, so every religion and race was pretty much covered in class. Hell, we even played with dradles. Come to think of it, we did more Jewish stuff that Christmas stuff, probably cause teacher was Jewish (never checked). So looking back, am I offended? No. Everything I know about hanika (...) I know cause of that stuff we did back then. So, they put a christmas tree up in the library... ok... I'm gonna go down to the mall now, and push over the 50' tree in the square. I mean, it's a public space (square outside, yes, mall is private), oh my...
 

KK

Lifer
Jan 2, 2001
15,903
4
81
Fvck off OP, quit being a whiny little bitch.

Merry Christmas
 
Dec 4, 2002
18,211
1
0
Originally posted by: Atheus
Originally posted by: mugs
Originally posted by: moshquerade
Originally posted by: mercanucaribe
The tree is not a Christian symbol. It's a symbol of long dead religions, and is now secular. Moshquerade, he isn't part of the problem- religious symbols have no place in a public school. It's just that a tree is not a religious symbol.
why can't we have any religious symbols in our schools? do you think our forefathers forbade them? we have become so afraid of offending the minority that what the majority thinks doesn't mean crap.

i think the majority has become the new minority.

Our government was designed to prevent the majority from forcing their will on the minority.

I thought it was designed to unify the states and piss off the British?

Go back to school?
 
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