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Chapter 4

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Morality & the Constitution

Chapter 4 – Morality Imposed on the People

 

The Supreme Court’s year 1948 McCollum decision, for the first time, stripped religious education from the state mandated public schools, contrary to the will of the people, and in violation of the Constitution, and became a landmark precedent for prohibiting school prayer and more recently even parent and student expressions of their religion

At Columbine school, parent laid tiles were removed from a wall that was meant to be a school sponsored healing project for a terrible school massacre that had received national attention.  The offending tiles, laid by two parents of slain students had read, “God is love” and “Jesus wept”.

A Southern California second grader was told by the teacher to bring a book to school about the meaning of Christmas, but the book she brought had a religious message; the birth of Jesus, and she was not allowed to read it to her classmates.

The Supreme Court might not have prohibited these particular violations, but public servants can be overzealous in enforcement out of fear they will not be compliant with federal law.  The Columbine incident took a strange twist when a State court sided with the families but was overturned by a federal court that found that the school had a right to prohibit a message on any grounds.  Thus a school that had only prohibited the religious expression to please the federal courts found itself upheld by a federal court that might not have interfered with the parents.

A regulating of religion in public institutions is now squarely in the hands of a Supreme Court that has anointed itself with the impossible task of controlling or prohibiting all aspects of religious expression in state institutions, and in clear violation of the First Amendment which had given this power to the States and blocked federal interference 

The Court soon found itself confronted with the adverse side effects of a lowered national morality, and again stepped in to take control over related activity that had also been formerly reserved to the states.  Birth control and abortion regulation were removed from the States’ control and regulated by the federal Court, generally overturning more restrictive State laws that had been founded on religious moral values.

The picture was completed in the year 2003 Court decision Lawrence v. Texas, which effectively overturned all laws prohibiting or regulating deviant sexual activates in the United States.

Individual freedom is the justification the court used for moving a nation from one  “under God” to one of an atheist government.

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