{"id":35387,"date":"2019-02-10T00:00:35","date_gmt":"2019-02-10T00:00:35","guid":{"rendered":"https:\/\/highplainsblogger.com\/?p=35387"},"modified":"2019-02-10T00:00:35","modified_gmt":"2019-02-10T00:00:35","slug":"scotus-errs-on-establishment-cause-ruling","status":"publish","type":"post","link":"https:\/\/highplainsblogger.com\/?p=35387","title":{"rendered":"SCOTUS errs on Establishment Cause ruling"},"content":{"rendered":"\n<div class=\"twitter-share\"><a href=\"https:\/\/twitter.com\/intent\/tweet?via=jkanelis\" class=\"twitter-share-button\">Tweet<\/a><\/div>\n<p><a href=\"https:\/\/highplainsblogger.com\/wp-content\/uploads\/2019\/02\/Establishment-Clause.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-medium wp-image-35388\" src=\"https:\/\/highplainsblogger.com\/wp-content\/uploads\/2019\/02\/Establishment-Clause-300x225.jpg\" alt=\"\" width=\"300\" height=\"225\" srcset=\"https:\/\/highplainsblogger.com\/wp-content\/uploads\/2019\/02\/Establishment-Clause-300x225.jpg 300w, https:\/\/highplainsblogger.com\/wp-content\/uploads\/2019\/02\/Establishment-Clause.jpg 720w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><\/a><\/p>\n<p>Can it be that judicial conservatives are capable of court <em>activism?<\/em><\/p>\n<p>The U.S. Constitution is abundantly clear to many of us on this point about the establishment of a state religion: Government cannot show preference for any religious faith, period, done!<\/p>\n<p>An Alabama prison inmate wanted an Muslim imam to pray for him before he was put to death. The 11th Court of Appeals had issued a stay for Dominique Ray. But then the U.S. Supreme Court ruled 5-4 that the lower court was wrong to issue the stay, and it allowed Ray&#8217;s execution to go forward.<\/p>\n<p>The 11th Court had ruled that Alabama officials violated Ray&#8217;s constitutional rights by disallowing the imam to pray for the inmate. The state said it would allow Christian prayers, but not from a Muslim religious official.<\/p>\n<p>According to <a href=\"https:\/\/reason.com\/blog\/2019\/02\/07\/supreme-court-allows-alabama-to-move-for\">Reason<\/a>.com:\u00a0<em>The Alabama prison typically allows a Christian chaplain, also a prison employee, in the execution chamber, where the chaplain may stand near inmates and pray with them. But for security reasons the prison does not allow non-employees into the chamber, and it refused to make an exception for Ray&#8217;s imam.<\/em><\/p>\n<p>Oh, my goodness. This is utter nonsense.<\/p>\n<p>The U.S. Constitution does not allow government to favor any religion over another one. Indeed, the nation&#8217;s governing document does not even mention the words &#8220;Christian,&#8221; or &#8220;Jesus Christ.&#8221;<\/p>\n<p>It is a secular document. Why in the world is that so difficult to grasp?<\/p>\n<p>Dominique Ray, to my way of thinking, clearly was denied his <em>constitutional right<\/em> to have a member of his preferred clergy pray with him as he prepared to die for the crimes he committed.<\/p>\n<p>As Justice Elena Kagan wrote in her dissent:\u00a0<em>&#8220;The clearest command of the Establishment Clause,&#8221; this Court has held, &#8220;is that one religious denomination cannot be officially preferred over another.&#8221; But the State&#8217;s policy does just that. Under that policy, a Christian prisoner may have a minister of his own faith accompany him into the execution chamber to say his last rites. But if an inmate practices a different religion\u2014whether Islam, Judaism, or any other\u2014he may not die with a minister of his own faith by his side. That treatment goes against the Establishment Clause&#8217;s core principle of denominational neutrality.<\/em><\/p>\n<p>Dominique Ray was executed. He deserved the opportunity to pray with a religious leader of his choosing. The state of Alabama was wrong to deny it. The nation&#8217;s highest court was wrong to go along with the state&#8217;s misguided decision.<\/p>\n\n<div class=\"twitter-share\"><a href=\"https:\/\/twitter.com\/intent\/tweet?via=jkanelis\" class=\"twitter-share-button\">Tweet<\/a><\/div>\n","protected":false},"excerpt":{"rendered":"<p>Can it be that judicial conservatives are capable of court activism? The U.S. Constitution is abundantly clear to many of us on this point about the establishment of a state religion: Government cannot show preference for any religious faith, period, done! An Alabama prison inmate wanted an Muslim imam to pray for him before he &hellip; <a href=\"https:\/\/highplainsblogger.com\/?p=35387\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">SCOTUS errs on Establishment Cause ruling<\/span> <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[15],"tags":[],"class_list":["post-35387","post","type-post","status-publish","format-standard","hentry","category-religious-news"],"_links":{"self":[{"href":"https:\/\/highplainsblogger.com\/index.php?rest_route=\/wp\/v2\/posts\/35387","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/highplainsblogger.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/highplainsblogger.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/highplainsblogger.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/highplainsblogger.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=35387"}],"version-history":[{"count":1,"href":"https:\/\/highplainsblogger.com\/index.php?rest_route=\/wp\/v2\/posts\/35387\/revisions"}],"predecessor-version":[{"id":35389,"href":"https:\/\/highplainsblogger.com\/index.php?rest_route=\/wp\/v2\/posts\/35387\/revisions\/35389"}],"wp:attachment":[{"href":"https:\/\/highplainsblogger.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35387"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/highplainsblogger.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35387"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/highplainsblogger.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35387"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}