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  • From: "Alan MacHett" <machett AT ibiblio.org>
  • To: internetworkers AT lists.ibiblio.org
  • Subject: Re: [internetworkers] Today's Supreme Court Ruling
  • Date: Wed, 25 Feb 2004 22:19:35 -0500 (EST)

In response to Michael Czeiszperger's message(s):
> http://story.news.yahoo.com/news?tmpl=story&cid=558&e=8&u=/ap/scotus_religion
>
> "The Supreme Court, in a new rendering on separation of church and
> state, voted Wednesday to let states withhold scholarships from
> students studying theology."
>
> The scary part is the vote was only 7-2.
>

"'Let there be no doubt: This case is about discrimination against a
religious minority,' Scalia wrote for the two [dissenting judges]."

I think the scary part is that the decision was for the state's action.
The Constitutional issue is not whether or not the State should touch
religion at all, rather whether the State shows favor to or oppresses any
particular religion. Speaking as someone who adamantly opposes "so help
me god" in public oathes and "in god we trust" on our currency, I see
absolutely nothing wrong with public funds going towards someones
education, even if that education is religious, so long as the State does
not discriminate in it's dispensation of those funds. To withhold funds
based on a student's particular religion of study would be wrong, but so
is withholding funds simply because that student wants to study religion.
I disagree with Justice Scalia's choice of wording in "religious
minority." This is not discrimination against some religious minority
(especially since the religion in question is certainly not in the
minority), but it is discrimination against religion in general. Again,
as I've understood several interpretations of the Constitution, it's not
that the Government isn't supposed to touch religion in the least, but
that it's not supposed to show favor.

...* gods, I can't believe I'm defending religion...

Alan






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