On Wednesday, the KNS reported that the Christian fish license plate bill in the Tennessee Senate was losing steam. Efforts to pass the bill slowing, I suspected that we’d get see some bloglash from concerned Conservative Christians. But the story quietly took a two day breather.
On Friday, the Sixth Federal Circuit Court of Appeals cleared a specialty license plate passed by the Tennessee General Assembly that says “Choose Life”. ACLU-TN attempts to have it declared unconstitutional were rejected in a 2-1 decision.
As an aside, my personal opinion is that “Choose Life” as a motto is hard to argue with. There are two ideas in it that appeal to me - that we as humans have choice and that we should choose life.
As for the Court, that the "Choose Life" license tag motto also represents anti-abortion views and that anti-abortion advocates were behind the passage of the license plate was not objectionable. It's just a motto and further it's not explicitly religious.
The category of speech into which this message falls, they said, is indistinguishable from others (DAR, Arts, Friends of the Smokies, etc.), and thus the government can speak this message through its volunteers that buy the license plate.
So I’m guessing that the Conservative Christians' happy reaction will energize a movement to get this stalled Christian fish license plate made up and bolted on ASAP. Tennessee Conservative Christians undoubtedly are excited about it. A State Representatives thinks "it's great!".
Fortunately the "Choose Life" license plate decision will derail the Christian fish symbol license plate. The legislature may pass the bill making the fish tags but the inevitable ACLU-TN lawsuit won’t lose – and for good reason.
The Court began by finding that a license plate message is a government message.
From the decision: “The Supreme Court concluded that when ‘the government sets the overall message to be communicated and approves every word that is disseminated,’ it is government speech….” “…Tennessee ‘sets the overall message to be communicated and approves every word that is disseminated’ on the ‘Choose Life’ plate. It is Tennessee’s own message.”
And that’s where the Constitution comes in. Article 1, Section 3 of the Tennessee Constitution says: “…no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given, by law, to any religious establishment or mode of worship “ The U.S. Constitution proscribes that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof….”
If the bill passes, the Christian fish symbol is Tennessee's message. That is a violation of the Tennessee and U.S. Constitution regarding establishment of religion.
I have no problem with Conservative Christians desire to express their religion in any sense - but one. They insist on making government adopt their religious views. The Christian fish license plate is one more official emblem of their cause. They or any other majority that seeks to control my freedom of conscience threatens it. When it comes to religion don't let someone choose it for you.
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Christian fish symbol
"If the bill passes, the Christian fish symbol is Tennessee's message. That is a violation of the Tennessee and U.S. Constitution regarding establishment of religion."
If you believe a "Christian fish symbol" on a license plate establishes a government religion and you represent the citizens of Tennessee, you have much more to worry about than what people are attaching to their vehicles.
Come again?
I'm not sure I understand your comment, loboinok. What is it the lawmaker has to worry about? Losing the seat if he or she won't follow the will of the CC's and vote for unconstitutional measures?
I'm simply saying that the "Choose Life" decision establishes that the message on the plate is Tennessee's message. Therefore, a religious message will be unconstitutional.
Do you disagree?
Regards,
SC
OK...just to make sure
So, what does the ACLU have to do to set up its own license plate? What else can we put on one?
Tennessee's message
"I'm simply saying that the "Choose Life" decision establishes that the message on the plate is Tennessee's message."
I agree.
"Therefore, a religious message will be unconstitutional."
I disagree. The Constitution forbids the Federal Government from establishing a religion. A "religious message," whether from the people OR the government, does not in any way "establish" a religion.
Our Federal buildings and National monuments have religious symbols on them, yet the government has not established a religion.
The ACLU perverts and twists our contitutional language to say something other than what it actually says. Obviously they are having some success.
The ACLU perverts and twists
The ACLU perverts and twists our contitutional language to say something other than what it actually says
You seem to be doing a good job of that yourself. I always thought "an establishment of religion" meant churches, synagogues, that sort of thing. You're saying the Constitution actually forbids the government from doing what L. Ron Hubbard did, making up a religion?
You're saying ...
"You're saying the Constitution actually forbids the government from doing what L. Ron Hubbard did, making up a religion?"
Exactly. The "Church of England" was the official government church. Our fore-fathers left the country due to persecution, tyranny and taxation by the government, through the church and the government dictating how the people were to worship.
Our founders made sure our Federal government would not be able to do the same by giving us the 1st amendment. The 2nd amendment gives the people "the teeth" so to speak.
Government can not establish a national religion nor interfer with the free exercise of religion.
Our fore-fathers left the
Our fore-fathers left the country due to persecution, tyranny and taxation by the government, through the church and the government dictating how the people were to worship.
Depends on who you believe.
Our "Puritan" forebears were demonstrably not what you would call icons of religious tolerance. It has been argued that the reason that they left was not because they sought religious freedom, but rather, because they were such strident practitioners of religion that they thought Europe was not strict enough. They managed to piss off even the Dutch, and they were happy to see them gone.
Then recall the Salem Trials, etc. These aren't religious moderates we're talking about. Think of them as a 17th century European Taliban.
Further, let's not confuse those religious fanatics with the framers of the Constitution. These are people separated by over 150 years of time.
Government can not establish a national religion nor interfer with the free exercise of religion.
Your interpretation conveniently ignores years of jurisprudence to the contrary. For what that's worth. Since the early 70's, the Court has more or less consistently held to the standard set forth in Lemon v. Kurtzman.
____________________________
Floating face down in my NCAA pool.
Depends on who you believe.
"Depends on who you believe."
Try the fore-fathers.
"Our "Puritan" forebears were demonstrably not what you would call icons of religious tolerance."
As opposed to what? Religious tolerance is subjective. You for instance, might consider yourself tolerant but you demonstrate your intolerance with statements such as... "17th century European Taliban." and "religious fanatics." If "religion" goes beyond what YOU consider normal or acceptable, your intolerance labels them in negative terms.
"Since the early 70's, the Court has more or less consistently held to the standard set forth in Lemon v. Kurtzman."
Irrelevent IMO. <i>Lawrence vs Texas</i> was majority opinion based on International law(unconstitutional) and did not cite one precedent.
Unconstitutional Law is not law.
"Your interpretation conveniently ignores years of jurisprudence to the contrary. For what that's worth."
Not much, but if you want to hitch your horse to smoke and illusion, keep in mind, its a long walk back to reality.
If "religion" goes beyond
If "religion" goes beyond what YOU consider normal or acceptable, your intolerance labels them in negative terms.
So the Salem Trials were a demonstration of the normal, acceptable, tolerable practice of religion, huh?
I think I can see where your head is at.
Not much, but if you want to hitch your horse to smoke and illusion, keep in mind, its a long walk back to reality.
Physician, heal thyself.
____________________________
Floating face down in my NCAA pool.
I think I can see...
"I think I can see where your head is at."
If that were true, you would notice that I do not deny nor defend the "Salem Trials" statement.
History is just that, history, both good and bad.
"Further, let's not confuse those religious fanatics with the framers of the Constitution. These are people separated by over 150 years of time."
Our country's history is replete with religion from start to present. I do not accept what I agree with and deny what does not support my religious or political beliefs.
You however, seem to hold antipathy toward religion and are content to hold up that which sheds a bad light on religion and deny or ignore the vast amount of evidence that this nation is an predominantly Christian nation. Its founders were for the most part, Christian, and those who weren't, were for the most part, God-fearing. That our laws and governments are Christian based.
"Physician, heal thyself"
No need of a cure for a preventable desease
That our laws and
That our laws and governments are Christian based.
Question with boldness even the existence of God; because if there be one, He must approve the homage of Reason rather than that of blindfolded Fear.
--Thomas Jefferson
Whenever we read the obscene stories, the voluptuous debaucheries, the cruel and tortuous executions, the unrelenting vindictiveness with which more than half the Bible is filled, it would be more consistent that we call it the word of a demon than the word of God. It is a history of wickedness that has served to corrupt and brutalize mankind.
--Thomas Paine
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 calamaties that engine of grief has produced!
--John Adams
All national institutions of churches, whether Jewish, Christian or Turkish [Muslim], appear to me no other than human inventions, set up to terrify and enslave mankind, and monopolize power and profit. I do not mean by this declaration to condemn those who believe otherwise; they have the same right to their belief as I have to mine. But it is necessary to the happiness of man that he be mentally faithful to himself. Infidelity does not consist in believing, or in disbelieving; it consists in professing to believe what he does not believe. It is impossible to calculate the moral mischief, if I may so express it, that mental lying has produced in society. When a man has so far corrupted and prostituted the chastity of his mind as to subscribe his professional belief to things he does not believe, he has prepared himself for the commission of every other crime. He takes up the profession of a priest for the sake of gain, and in order to qualify himself for that trade he begins with a perjury. Can we conceive anything more destructive to morality than this?
--Thomas Paine
What has been its fruits? More or less, in all places, pride and indolence in the clergy; ignorance and servility in the laity; in both, superstition, bigotry and persecution.
--James Madison
When a religion is good, I conceive it will support itself; and when it does not support itself, and God does not take care to support it so that its professors are obliged to call for help of the civil power, 'tis a sign, I apprehend, of its being a bad one.
--Benjamin Franklin
I am for freedom of religion and against all maneuvers to bring about a legal ascendancy of one sect over another.
--Thomas Jefferson
"I know," Jefferson had written, ... "that Gouverneur Morris, who pretended to be in his [George Washington's] secrets & believed himself to be so, has often told me that Genl. Washington believed no more of that system [Christianity] than he himself did."
--Thomas Jefferson
And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.
--James Madison
Of all the animosities which have existed among mankind, those which are caused by difference of sentiments in religion appear to be the most inveterate and distressing, and ought most 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.
--George Washington
In the Enlightened Age and in this Land of equal Liberty it is our boast, that a man's religious tenets will not forfeit the protection of the Laws, nor deprive him of the right of attaining and holding the highest Offices that are known in the United States.
--George Washington
The United States of America have exhibited, perhaps, the first example of governments erected on the simple principles of nature; and if men are now sufficiently enlightened to disabuse themselves of artifice, imposture, hypocrisy, and superstition, they will consider this event as an era in their history. Although the detail of the formation of the American governments is at present little known or regarded either in Europe or in America, it may hereafter become an object of curiosity. It will never be pretended that any persons employed in that service had interviews with the gods, or were in any degree under the influence of Heaven, more than those at work upon ships or houses, or laboring in merchandise or agriculture; it will forever be acknowledged that these governments were contrived merely by the use of reason and the senses....
--John Adams
Leave the matter of religion to the family altar, the church, and the private schools, supported entirely by private contributions. Keep the church and the state forever separate.
--Ulysses S. Grant
Is conformity of sentiments in matters of religion essential to the happiness of civil government? Not at all. Government has no more to do with the religious opinions of men than it has with the principles of the mathematics. Let every man speak freely without fear--maintain the principles that he believes--worship according to his own faith, either one God, three Gods, no God, or twenty Gods; and let government protect him in so doing, i.e., see that he meets with no personal abuse or loss of property for his religious opinions. Instead of discouraging him with proscriptions, fines, confiscation or death, let him be encouraged, as a free man, to bring forth his arguments and maintain his points with all boldness; then if his doctrine is false it will be confuted, and if it is true (though ever so novel) let others credit it. When every man has this liberty what can he wish for more? A liberal man asks for nothing more of government.
--John Leland
Persecution is not an original feature in any religion; but it is always the strongly marked feature of all religions established by law.
--Thomas Paine
That religion, or the duty we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience.
--Patrick Henry
It does me no injury for my neighbor to say there are 20 gods, or no God. It neither picks my pocket nor breaks my leg.
--Thomas Jefferson
National motto:
E PLURIBUS UNUM
"Out of many, one."
____________________________
Floating face down in my NCAA pool.
That our laws and
"That our laws and governments are Christian based."
Thomas Jefferson would disagree in several areas with those who often invoke him as an authority for a secular public arena, for Jefferson himself regularly violated the bland “civil religion” standards which many secularists promote. Consider:
·Jefferson urged local governments to make land available specifically for Christian purposes;
·In an 1803 federal Indian treaty, Jefferson willingly agreed to provide $300 to “assist the said Kaskaskia tribe in the erection of a church” and to provide “annually for seven years $100 towards the support of a Catholic priest.” He also signed three separate acts setting aside government lands for the sole use of religious groups and setting aside government lands so that Moravian missionaries might be assisted in “promoting Christianity.”
·When Washington D. C. became the national capital in 1800, Congress voted that the Capitol building would also serve as a church building. President Jefferson chose to attend church each Sunday at the Capitol and even provided the service with paid government musicians to assist in its worship. Jefferson also began similar Christian services in his own Executive Branch, both at the Treasury Building and at the War Office.
·Jefferson praised the use of a local courthouse as a meeting place for Christian services;
·Jefferson assured a Christian religious school that it would receive “the patronage of the government”;
·Jefferson proposed that the Great Seal of the United States depict a story from the Bible and include the word “God” in its motto;
·While President, Jefferson closed his presidential documents with the phrase, “In the year of our Lord Christ; by the President; Thomas Jefferson.”
Furthermore, Jefferson would especially disagree with those who believe that public prayers should be non-sectarian and omit specific references to Jesus. Jefferson believed that every individual should pray according to his own beliefs. As Jefferson explained:
[The] liberty to worship our Creator in the way we think most agreeable to His will [is] a liberty deemed in other countries incompatible with good government and yet proved by our experience to be its best support. (emphasis added)
Critics, therefore, would be particularly troubled by President Jefferson’s words that:
Additionally, throughout his Presidency, Madison issued several proclamations for public days of prayer, fasting, and thanksgiving, and like Jefferson, President Madison also attended church at the Capitol, thus publicly endorsing religion in official arenas.
So, not only did Jefferson and Madison endorse religion in the public arena, they were even willing publicly to endorse Christian prayers in the public arena rather than the bland politically-correct civic prayers desired by critics of public prayers.
The doctrines of Jesus are simple, and tend all to the happiness of mankind.
-- Thomas Jefferson
I concur with the author in considering the moral precepts of Jesus as more pure, correct, and sublime than those of ancient philosophers.
-- Thomas Jefferson
We have been assured, Sir, in the Sacred Writings that except the Lord build the house, they labor in vain that build it. I firmly believe this; and I also believe that without His concurring aid, we shall succeed in this political building no better than the builders of Babel.
-- Benjamin Franklin
Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness. (emphasis added)
-- George Washington
It cannot be emphasized too strongly or too often that this great nation was founded, not by religionists, but by Christians; not on religions, but on the gospel of Jesus Christ!
-- Patrick Henry
Amongst other strange things said of me, I hear it is said by the deists that I am one of their number; and, indeed, that some good people think I am no Christian. This thought gives me much more pain than the appelation of Tory; because I think religion of infinitely higher importance than politics; and I find much cause to reproach myself that I have lived so long and have given no decided and public proofs of my being a Christian. But, indeed, my dear child, this is a character which I prize far above all this world has, or can boast.
-- Patrick Henry
The highest glory of the American Revolution was this: it connected, in one indissoluble bond, the principles of civil government with the principles of Christianity.
-- John Quincy Adams
[I]t is religion and morality alone which can establish the principles upon which freedom can securely stand. The only foundation of a free constitution is pure virtue.
-- John Adams
[W]e have no government armed with power capable of contending with human passions unbridled by morality and religion. . . . Our constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.
-- John Adams
Men, in a word, must necessarily be controlled either by a power within them or by a power without them; either by the Word of God or by the strong arm of man; either by the Bible or by the bayonet.
-- Robert Winthrop
Jefferson believed that the government was to be powerless to interfere with religious expressions for a very simple reason: he had long witnessed the unhealthy tendency of government to encroach upon the free exercise of religion. As he explained to Noah Webster:
Thomas Jefferson had no intention of allowing the government to limit, restrict, regulate, or interfere with public religious practices. He believed, along with the other Founders, that the First Amendment had been enacted only to prevent the federal establishment of a national denomination-a fact he made clear in a letter to fellow-signer of the Declaration of Independence Benjamin Rush:
Jefferson had committed himself as President to pursuing the purpose of the First Amendment: preventing the “establishment of a particular form of Christianity” by the Episcopalians, Congregationalists, or any other denomination.
Since this was Jefferson’s view concerning religious expression, in his short and polite reply to the Danbury Baptists on January 1, 1802, he assured them that they need not fear; that the free exercise of religion would never be interfered with by the federal government. As he explained:
Jefferson’s reference to “natural rights” invoked an important legal phrase which was part of the rhetoric of that day and which reaffirmed his belief that religious liberties were inalienable rights. While the phrase “natural rights” communicated much to people then, to most citizens today those words mean little.
By definition, “natural rights” included “that which the Books of the Law and the Gospel do contain.” That is, “natural rights” incorporated what God Himself had guaranteed to man in the Scriptures. Thus, when Jefferson assured the Baptists that by following their “natural rights” they would violate no social duty, he was affirming to them that the free exercise of religion was their inalienable God-given right and therefore was protected from federal regulation or interference.
So clearly did Jefferson understand the Source of America’s inalienable rights that he even doubted whether America could survive if we ever lost that knowledge. He queried:
And can the liberties of a nation be thought secure if we have lost the only firm basis, a conviction in the minds of the people that these liberties are the gift of God? That they are not to be violated but with His wrath?
National motto:
"In God We Trust"
Where's that troll watch
Where's that troll watch again?
____________________________
Floating face down in my NCAA pool.
the rights of conscience
Loboinok says: "our laws and government are Christian based."
OK, so even if I agree that you are correct (for the sake of argument) the Christian founders wrote this succinct passage, which is by the way the only statement on religion in Tennessee's highest law:
Sounds like they were wise enough to take religion personally and not expect Government to interfere in the personal experience.
That's why this license plate is wrong. Conservative Christians insist on making government adopt their religious views. The Christian fish license plate is one more official emblem of their cause.
There was also a clause that
There was also a clause that said no ordained minister could hold public office in the state. Don't know if that's still there, but if it is I'm sure our fine E. TN legislators are working on an amendment.
No preacher legislators and no athiest state officers
Odd little pair of clauses, I need a Tn Constit history lesson on these.
Ah, the essence of Tennessee...
...one big contradiction.
Although, I've always been
Although, I've always been sort of fond of the part that says the citizens of Tennessee have the right to overthrow the state government at any time for any reason and install whatever other government they see fit. But every now and then I'm puzzled why we haven't exercised that right. I guess there are practical and logistical considerations.
Really?
Although, I've always been sort of fond of the part that says the citizens of Tennessee have the right to overthrow the state government at any time for any reason and install whatever other government they see fit
That's codified? Wow.
How's next week lookin'?
____________________________
Floating face down in my NCAA pool.
I could clear my schedule.
I could clear my schedule. But we'd probably need SayUncle to provide firepower.
Hee...
Yeah, my Gamo hasn't what you'd call stopping power, and she "loads a mite slow."
____________________________
Floating face down in my NCAA pool.
Although, I've always been
"But every now and then I'm puzzled why we haven't exercised that right."
Might be...
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so;
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
TITLE 18 > PART I > CHAPTER 115 > § 2385
Hey, it must be Constitutional Law day at KnoxViews!
Loboinok, that may be in the USC or wherever it is you got it, but one could also argue that the U.S. Constitution trumps it where it says "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" and "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Since overthrow of State government isn't a power delegated to the US by the Consitution, or a right enumerated or prohibited, you could argue that the state and the people of the state retain the right set forth in Article I of the Tennessee Constitution:
"That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times, an unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper."
But really, it was just a joke. It's getting silly now.
Sillier yet thought provoking
My favorite Tn Constitution section: Article 1, §2:
§ 2. Doctrine of non-resistance
That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.
Why do you hate America and
Why do you hate America and Freedom? Report to the nearest Fox News reprogramming camp immediately!
Section 2. No person who
Section 2. No person who denies the being of God, or a future state of re-wards and punishments, shall hold any office in the civil department of this state.
This was declared unconstitutional under the U.S. Constitution ages ago.
Perhaps loboink was
Perhaps loboink was referring to the Suprme Court justices. In Tennessee they can be voted off and are on the ballot this year.