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America's Debate > Archive > Assorted Issues Archive > [A] Big Trials and Legal Cases
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countrockula
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No it's actually people who can't get their feelings off their shoulders and be 'offended' by a little cross on a seal.


What's "actually people who can't get their feelings off their shoulders...?" I don't understand what that's in reference to.

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The next thing you know offending somebody will be a crime. whistling.gif


Now you're deliberately taking the debate off issue to the straw man of some fictive "aggrieved party." It's not about that. It's about the constitutionality of having a crucifix on a county seal. You can say it's trivial, expensive, ahistorical, godless, communist, or whatever you want, but it comes down to the letter of the law and the fact that in 1956 the LA BoS violated the establishment clause of the 1st amendment. It's that simple.
Furthermore, however petty the ACLU's forays into "separating church and state" may seem to Joe Q. Christian, as an atheist I'm glad there's a oppositional entity trying to ensure that the native and unconscious tendencies of many Christian lawmakers (i.e. putting crosses on a county seal) don't run roughshod over my civil liberties (i.e. not having to stand before a seal depicting a medieval torture device in traffic court).
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Sleeper
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but it comes down to the letter of the law and the fact that in 1956 the LA BoS violated the establishment clause of the 1st amendment. It's that simple.


Exactly what religion is the LA county seal 'establishing'?
Cube Jockey
QUOTE(Sleeper @ Aug 17 2004, 02:29 PM)
QUOTE
but it comes down to the letter of the law and the fact that in 1956 the LA BoS violated the establishment clause of the 1st amendment. It's that simple.


Exactly what religion is the LA county seal 'establishing'?

From this post you'll see that the inclusion of the cross was intended as a Christian symbol, definitely a no-no as far as government entities are concerned. Why don't you see any manger scenes set up in front of our court houses during Christmas? Same reason.
countrockula
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Exactly what religion is the LA county seal 'establishing'?


Having a crucifix on the seal promotes Christianity in favor of other religions - I believe governmental endorsement of one religion over another is covered by the 1st amendment. These little semantic barbs are not going to win you this argument - putting crosses on a county seal is unconstitutional, end of story.
Sleeper
That is the flaw in both of your arguments. Christianity is not a religion. Now if the symbol was a Rosary that would be establishing Chatholocism, which is a religion. Christianity itself is not a religion. Therefor you cannot establish christianity as a religion.
countrockula
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That is the flaw in both of your arguments. Christianity is not a religion. Now if the symbol was a Rosary that would be establishing Chatholocism, which is a religion. Christianity itself is not a religion. Therefor you cannot establish christianity as a religion.


What? What is it then? I feel like I'm taking crazy pills.
Cube Jockey
QUOTE(Sleeper @ Aug 17 2004, 02:52 PM)
That is the flaw in both of your arguments.  Christianity is not a religion. Now if the symbol was a Rosary that would be establishing Chatholocism, which is a religion.  Christianity itself is not a religion. Therefor you cannot establish christianity as a religion.

Sleeper that is splitting hairs at best and at worst completely wrong. Christianity generally refers to various denominations such as Baptists, Lutherans and even Catholics. They all share the same basic beliefs and symbols, but there are minor differences in ceremonies and interpretations.

The intent of including the cross in the seal is pretty clear and was even stated as such in the transcript from the 1956 Board of Supervisors meeting.
countrockula
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Sleeper that is splitting hairs at best and at worst completely wrong.


It's at best innocently wrong and at worst deliberately wrong to try to salvage his end of this debate. In case Sleeper really doesn't know this, Catholicism and Protestantism are the two main divisions of Christianity, both of which are subdivided into smaller denominations. Islam is, I believe, likewise divided into Shiites and Sunnis. The fact that Shiite sect exists does not mean Islam is not a religion.
Azure-Citizen
QUOTE(Sleeper @ Aug 17 2004, 04:52 PM)
Christianity is not a religion. Now if the symbol was a Rosary that would be establishing Chatholocism, which is a religion.  Christianity itself is not a religion. Therefor you cannot establish christianity as a religion.

That is a bit of a self-conclusory statement, isn't it? Christianity is not a religion because it is not a religion?

http://dictionary.reference.com/search?q=christianity

QUOTE("Christianity" according to American Heritage Disctionary)
The Christian religion, founded on the life and teachings of Jesus.  Christians as a group; Christendom.  The state or fact of being a Christian.   pl. Chris·ti·an·i·ties A particular form or sect of the Christian religion: the Christianities of antiquity.

QUOTE("Christianity" according to Merriam-Websters)
Chris*tian"i*ty\, n. [OE. cristiente, OF. cristient['e], F. chr['e]tient['e], fr. L. christianitas. ] 1. The religion of Christians; the system of doctrines and precepts taught by Christ.

2. Practical conformity of one's inward and outward life to the spirit of the Christian religion

3. The body of Christian believers.
Ultimatejoe
Countrockula, please refrain from one-liner posts and statements which denigrate other posters. All posters are expected to abide by the Rules and are advised to stay familiar with the Survival Guide to that end; regardless of the posts of others.
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Lesly
QUOTE(lederuvdapac @ Aug 17 2004, 01:27 PM)
It doesn't say 'separation of church and state ' anywhere in that document. If it was implied....it would have been said. How can anyone know what the Founding Fathers implied? The only way to know what they wanted is by reading what they actually wrote.


Including their correspondence. The term originally shows up in Jefferson's letter to Danbury Baptists.

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Believing with you that religion is a matter which lies solely between man and his God; that he owes account to none other for his faith or his worship; that the legislative powers of the government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should `make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between church and State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore man to all of his natural rights, convinced he has no natural right in opposition to his social duties.

-- Jefferson on Seperation of Church and State


The term was cited as early as Reynolds v. U.S. (1878), maybe sooner. That wall has come up in various SC rulings since, sometimes in a way that draws parallels to Jefferson and Madison's Virginia bill which states: "That to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical." Other Separation rulings include:

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Lowell v. Griffin (1938) - 8-0 ruling that the licensing of Jehovah’s Witnesses infringed their 1st Amendment guarantee of the freedom of religion.

Jones v. Opelika (1942) - overturned the Lowell ruling over the licensing of religious groups.

Lynch v. Donelly (1984) - 5-4 ruling that a public display of a nativity scene in a school in Pawtucket was constitutional.

Wallas v. Jaffee (1985) - 6-3 ruling on the unconstitutionality of school prayers again, this time in a case in Alabama.

Edwards v. Aguilar (1987) - 7-2 ruling that Louisiana’s Balanced Treatment Act which required schools to teach creationism alongside Darwinism was unconstitutional as it was an attempt to advance a religious belief.

Zobrest v. Catalina Foothills School District (1992) - ruled that public school could pay for an interpreter for deaf girl at a private religious school.

Lambs Chapel v. Center Moriches Union Free School (1992) - ruled that a school district could not ban a religious group from using school premises for a religious meeting after school hours.

Lukini Babalu Aye v. Hialeah (1992) - ruled that a Florida City ban on animal sacrifice infringed the constitutional right to the free exercise of religion.

City of Boerne v. Flores (1997) - 6-3 ruling that struck down the Religious Freedom Restoration Act which had reversed a previous Court ruling. The RFRA sought to help individuals exempt themselves from general state laws on religious grounds. The SC was challenged unsuccessfully by Congress.

Good News Club v. Milford Central School (2001) - 6-3 ruling that it is not possible to prevent a group from using a public facility because of the group's religious viewpoint as a ban violates the 1st Amendment.


One ACLU threat to sue L.A. does not diminish the relevance of a term that is not found in the Constitution but has survived 100+ years of judicial review (a.k.a. "activism"). Speaking of communism, here are some godless quotes.

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I almost shudder at the thought of alluding to the most fatal example of the abuses of grief which the history of mankind has preserved--the Cross. Consider what calamities that engine of grief has produced!

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The Christian god is a three headed monster, cruel, vengeful, and capricious. If one wishes to know more of this raging, three headed beast-like god, one only needs to look at the caliber of people who say they serve him. They are always of two classes: fools and hypocrites.

-- Jefferson


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Indeed, Mr. Jefferson, what could be invented to debase the ancient Christianism which Greeks, Romans, Hebrews and Christian factions, above all the Catholics, have not fraudulently imposed upon the public?

-- Adams


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If I could conceive that the general government might ever be so administered as to render the liberty of conscience insecure, I beg you will be persuaded, that no one would be more zealous than myself to establish effectual barriers against the horrors of spiritual tyranny, and every species of religious persecution.

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Of all the animosities which have existed among mankind, those which are caused by a difference of sentiments in religion appear to be the most inveterate and distressing, and ought to be deprecated. I was in hopes that the enlightened and liberal policy, which has marked the present age, would at least have reconciled Christians of every denomination so far that we should never again see the religious disputes carried to such a pitch as to endanger the peace of society.

-- Washington


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A Man compounded of Law and Gospel, is able to cheat a whole Country with his Religion, and then destroy them under Colour of Law: And here the Clergy are in great Danger of being deceiv'd, and the People of being deceiv'd by the Clergy, until the Monster arrives to such Power and Wealth, that he is out of the reach of both, and can oppress the People without their own blind Assistance.

-- Franklin


Next judicial activism pit stop: civil rights.

P.S. Many thanks to ALJ's research in Debating Christianity and Religion.
Aquilla
Just an update here on the on-going battle over the Los Angeles County Seal. This group is starting a petition drive in Los Angeles County to gather 347,000 signatures of county residents to prevent the LA County Supervisors from changing the seal. According to a radio interview I heard today from one of the leaders of this organization, if they can gather the number of signatures required in the time alloted, it would compell the Board of Supervisors to either keep the old seal or put the issue before the voters in a special election. And, if the ACLU doesn't like it, fine, we'll see you in court. And they think they can win there too.

I have no doubt they'll be able to gather these signatures, probably 2-3 times as many as they need and we'll let this all play out. Ain't democracy wunnerful? biggrin.gif
quarkhead
QUOTE(Aquilla @ Sep 16 2004, 12:04 AM)
Just an update here on the on-going battle over the Los Angeles County Seal.  This group is starting a petition drive in Los Angeles County to gather 347,000 signatures of county residents to prevent the LA County Supervisors from changing the seal.  According to a radio interview I heard today from one of the leaders of this organization, if they can gather the number of signatures required in the time alloted, it would compell the Board of Supervisors to either keep the old seal or put the issue before the voters in a special election.  And, if the ACLU doesn't like it, fine, we'll see you in court.  And they think they can win there too.

I have no doubt they'll be able to gather these signatures, probably 2-3 times as many as they need and we'll let this all play out.  Ain't democracy wunnerful?    biggrin.gif

If this is a Constitutional point, it doesn't matter if it gets put up for a vote. Judging from public polls, if they put the Assault Rifle Ban up for public vote, it would be reinstated in a heartbeat. Should that matter, if the ban is unconstitutional? Sometimes it seems that when people on the left say 'let the people decide,' their conservative opponents will decry such tactics as undermining the Constitution. I guess it all depends on which amendment we're talking about... blink.gif For that matter, a majority of Americans support the idea of universal health care. Maybe we should put that up for a vote, too! smile.gif
Aquilla
QUOTE(quarkhead @ Sep 16 2004, 12:51 AM)
If this is a Constitutional point, it doesn't matter if it gets put up for a vote. Judging from public polls, if they put the Assault Rifle Ban up for public vote, it would be reinstated in a heartbeat. Should that matter, if the ban is unconstitutional? Sometimes it seems that when people on the left say 'let the people decide,' their conservative opponents will decry such tactics as undermining the Constitution. I guess it all depends on which amendment we're talking about... blink.gif  For that matter, a majority of Americans support the idea of universal health care. Maybe we should put that up for a vote, too! smile.gif

Actually, if it is indeed a Constitutional point, then that's for the courts to decide. The problem though is that the LA County Supervisors didn't want to take the case to court and instead caved to the ACLU threats and changed the seal - eliminating the cross and putting something they call a "mission" that really looks more like a Walmart on it instead. All that this petition will do is force the political process to recognize the people of LA County's desires and maintain the current seal. If the ACLU wants to file a lawsuit over that, fine, bring it on. Instead of caving, the Supervisors will now have to tell the ACLU, "See you in court". That's what the people want, that's what they are going to get. Democracy in action. thumbsup.gif
lisamarie
Being a active member of the ACLU...although I support what they do including the reasons they supported this issue. I personaly felt it was a bit trivial.
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coff
I guarantee the cross will not be removed from the seal. They will get more than enough people to sign that petition. As a resident of Los Angeles County, I will gladly sign it if I am given the opportunity to do so. If it goes to a vote, it will be a landslide in favor of keeping the seal as is. Majority rule folks (and in this case, a vast majority).
nebraska29
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And there is no law respecting the establishment of religion...there is just some dopey picture. And again... i am not religious. I just believe that the 'separation of church and state' notion has been blown greatly out of proportion to the actual intent of the Founding Fathers.


The picture on a state seal "establishes" that a monotheistic religion is the preferred religion of the state and is recognized as being such in a de facto way. If you are Jewish, agnostic, a Muslim, or Mormon, the state of California is recognizing the achievements of a given group over yours. That is the message that the seal gives. It's an object of the state and being such, sends a message to citizens. And thus, is unconstitutional.
Aquilla
QUOTE(nebraska29 @ Oct 2 2004, 07:54 AM)
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And there is no law respecting the establishment of religion...there is just some dopey picture. And again... i am not religious. I just believe that the 'separation of church and state' notion has been blown greatly out of proportion to the actual intent of the Founding Fathers.


The picture on a state seal "establishes" that a monotheistic religion is the preferred religion of the state and is recognized as being such in a de facto way. If you are Jewish, agnostic, a Muslim, or Mormon, the state of California is recognizing the achievements of a given group over yours. That is the message that the seal gives. It's an object of the state and being such, sends a message to citizens. And thus, is unconstitutional.
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The cross on the Seal is simply a historical acknowledgement of the significant role played by Catholic Missionaries in the settlement of the county of Los Angeles. It doesn't "establish" anything, but rather recognizes Los Angeles County's historical roots - properly so. For the government to remove that historic symbol from the seal because it is a religious reference is an attempt on the part of the government to deny a part of history simply because a religion was involved and is thus, discriminatory against that religion. And thus, unconstitutional.
droop224
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The cross on the Seal is simply a historical acknowledgement of the significant role played by Catholic Missionaries in the settlement of the county of Los Angeles.  It doesn't "establish" anything, but rather recognizes Los Angeles County's historical roots - properly so.  For the government to remove that historic symbol from the seal because it is a religious reference is an attempt on the part of the government to deny a part of history simply because a religion was involved and is thus, discriminatory against that religion.  And thus, unconstitutional.


I don't understand this logic Aquilla, if all that people are upset about is the removal of a historical symbol and not a religious one, then why aren't they OK with a change in the symbol as long as it still represents the same historical value. All the ACLU said was to remove the cross.
Here is a picture of new proposed seal

Notice:

The cross has been removed, but the mission that the cross supposedly represents, now adorns the seal. So the true historical reference has not been removed it has been changed. So what's the big deal??

Notice:

The Pagan goddess has been removed and replaced with a female indian. Yet , I don't here any uproar. Why not?? Because no one cares about the seal per se. It has never been about the seal, it's about the cross.

It has never been about the cross's historical value, it's about its current religious value on both sides. The proponents of the original seal are just arguing and debating disingenuously. They only want their religion to be promoted and shown, and not ever be questioned.
coff
QUOTE(droop224 @ Oct 2 2004, 04:11 PM)

        The proponents of the original seal are just arguing and debating disingenuously.  They only want their religion to be promoted and shown, and not ever be questioned.
*



Not really. I'm a Christian and I could care less what religious symbols are on my county's seal. I just don't want any amount of tax money to be spent on something that a majority of people think is unnecessary. For this reason, people are presenting arguments as to why the seal should be left as is.
tolerence
I think the reason why the ACLU seems like its against Chritianity is because America is based on Christian ideologies. I think that they are just trying to even the playing field.
Jaime
This thread has run out of steam and is a bit outdated. Please feel free to start something fresh if you are interested. smile.gif
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