I just read
Scalia's dissent in the 10 commandments opinion. I am really bothered by it and the fact he was joined by 3 other justices (though not surprised). His dissent starts with a story which suggests the United States is more free than Europe becausewe permit our politicians to proclaim "God bless America." Personally, I thought his initial anecdote was a cheap political ploy. He later gives a great summary of his argument:
Nothing stands behind the Court's assertion that governmental affirmation of the society's belief in God is unconstitutional except the Court's own say-so, citing as support only the unsubstantiated say-so of earlier Courts going back no farther than the mid-20th century.
He misses the larger picture! That this issue is even being raised in court indicates the discomfort some people have with religious artifacts in the public sphere. The claimants are not attacking Christianity, Religion, or "Christian Heritage" as maintained by the
immoral majority. The claimants find religious artifacts in the public sphere as an affront on their own convictions (or lack thereof). And, while I agree with the dissent that placing the commandments in public is not tantamount to the establishment of religion, I think dissent misses the larger picture. Failure to remove the artifacts when requested for religious reasons is!
Our nation is founded on the premise of religious tolerance. Accordingly, I think our nation has an affirmative duty to ensure that people do not see hostility to their convictions. Yet allowing religious artifacts to remain on government property, despite legitimate objections, can reasonably be understood by a rational person as Government-sponsorship of the 3 big Monotheistic religions. According to my reading of the Constitution, that is a violation of the 1st Amendment.
Accordingly, I think the only way to ensure that individuals don't perceive a government affront on the first amendment is to actively strive for religious neutrality. Leave religion to Churches, Temples, and Mosques!
I know, I know.... I am preaching to the choir. But, almost every time I read a Scalia opinion or dissent, I need to rant!