Lynn v. Sekulow

Supreme Court Gets It Partially Right

Thursday February 26, 2009

Categories: Courts, Religious Displays
Well, Jay, the Supreme Court got it partially right yesterday by conceding the obvious: that when a city accepts any monument from a private party and puts it up as a permanent display in a park, that represents "government speech." It concluded that the city controls the messages it wants to convey to the public. Similarly, it recognized that there remain constraints on government speech, including the principles of equal protection and the Establishment Clause. This part of the decision was why groups like the American Humanist Association hailed it.


There was a particularly strange section of the decision, though, that may make people wonder if the justices can tell an apple from an orange.  The justices claim that acceptance of a monument doesn't necessarily mean that it embraces the same message as the donor intends.  For example, they note that a monument in New York's Central Park which contains the word "Imagine" as a recognition of the late John Lennon is susceptible to many meanings beside the one the late singer incorporated in his words.  I'll buy that.  However, the Ten Commandments aren't the lyrics of a song; they have a well-established and singular significance as the ethical and theological cornerstone of Judaism and Christianity.

In addition, it is clear from the concurrence by Justices Scalia and Thomas that they don't believe Summum has any recourse under the "no establishment" principle because this Ten Commandments monument is of the same type and vintage as one which a 5-4 majority of the court upheld in Van Orden v. Perry.  I am not so sure of that--and I'm quite confident that other Fraternal Order of Eagles monuments that stand alone, not surrounded by monuments of other kinds, will still be challenged as unconstitutional promotions of religion.

Indeed, this case was so obviously never a "free speech" case in the first place.  It should have always been seen as the Establishment Clause case it was.

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Comments
Freestinker
March 16, 2009 6:02 PM

"You don't know the difference between "god" and "God," do you."

--------------------------

MrIncredulous,

Your "God" is just another god, one of many depending on your beliefs.

One thing that all gods have in common is that they were all invented by humans and none of them have ever been proven to exist outside the inner workings of people's minds.

Mr. Incredible
March 17, 2009 6:33 AM

==Your "God" is just another god...==

No, He isn't. He is unlike any other god ever conceived by the imperfect, corruptible minds of men.

==One thing that all gods have in common is that they were all invented by humans and none of them have ever been proven to exist outside the inner workings of people's minds.==

No proof that YOU'LL ever believe, anyway.


Freestinker
March 17, 2009 11:49 AM

"No, He isn't. He is unlike any other god ever conceived by the imperfect, corruptible minds of men."

------------------

That's what you (another human) believe. Fair enough.

If you've got some independently verifiable empirical evidence, you'd be the first in history to produce it .... I'm all ears!

N. Lindzee Lindholm
November 10, 2009 9:51 AM

The Ten Commandments monument should be upheld because of Van Orden v. Perry. Moreover, they are a part of the Christian heritage that our Country was founded on. Therefore, the Court was on target when they stated Summum had no recourse under the Establishment Clause.

N. Lindzee Lindholm
November 10, 2009 9:52 AM

The Ten Commandments monument should be upheld because of Van Orden v. Perry. Moreover, they are a part of the Christian heritage that our Country was founded on. Therefore, the Court was on target when they stated Summum had no recourse under the Establishment Clause.

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About Lynn v. Sekulow

Lynn v. Sekulow is an ongoing debate blog--a blogalogue--about how big (or little) a role faith and religion should play in American politics and government, featuring the two leading voices of the church/state battle: American Center for Law & Justice Chief Counsel Jay Sekulow and Americans United for Separation of Church and State Executive Director Rev. Barry W. Lynn.

Please note that in discussing political issues, candidates’ positions and political party statements, the Rev. Barry Lynn and Jay Sekulow are offering analysis in their individual capacities as lawyers and commentators. They are not speaking on behalf of Americans United for Separation for Church and State or for the American Center for Law & Justice. Those organizations do not endorse or oppose candidates for public office. Nothing contained in this dialogue should be construed as the positions of the respective organizations.

About the Authors

Rev. Barry W. Lynn
Executive Director of Americans United for Separation of Church and State, a nonprofit educational organization that defends religious liberty by opposing government interference in religion
» Posts by Rev. Barry W. Lynn
Jay Sekulow
Chief Counsel for the American Center for Law & Justice (ACLJ), a law firm and educational organization focused on protecting religious freedom, American families, and human life.
» Posts by Jay Sekulow
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