In a blow to secularists and civil libertarians, the Supreme Court voted 5-4 in Greece v. Galloway to allow Christian prayers at a local council. The Court again left little clarity on the standard for future cases in what proved a highly fractured decision. Justice Anthony Kennedy tipped the balance in favor of the Town of Greece with Chief Justice John Roberts, Justice Samuel Alito, Justice Antonin Scalia, and Justice Clarence Thomas. However, his opinion was left in pieces by a series of concurring opinions. Scalia and Thomas specifically bolted over Part II-B of Kennedy’s opinion (except as to Part II–B, concluding that the town’s prayer practice does not violate the Establishment Clause.) Alito wrote a concurring opinion, joined by Justice Scalia. Justice Thomas also wrote a concurring opinion joined by Justice Scalia in part. Even the dissenting justices divided with a Breyer opinion for himself and a dissent by Kagan that was joined by Justices Breyer, Ginsburg, and Sotomayor. In other words, an unholy mess.
The record in the case was viewed by many as highly suspicious in how the council almost exclusively used Christian ministers while professing to be open to any faith, including atheists. The town followed an informal method for selecting prayer givers under which a town employee would call the congregations listed in local directory. That itself allowed for an obvious bias but also the town only had Christian ministers. Even Kennedy admitted that “from 1999 to 2007, all of the participating ministers were too.”
The prayers often referenced Jesus or Biblical passages:
“Lord we ask you to send your spirit of upon all of us gathered here this evening to do your work for the benefit of all in our community. We ask you to bless our elected and appointed officials so they may deliberate with wisdom and act with courage. Bless the members of our community who come here to speak before the board so they may state their cause with honesty and humility. . . . Lord we ask you to bless us all, that everything we do here tonight will move you to welcome us one day into your kingdom as good and faithful servants. We ask this in the name of our brother Jesus. Amen.” Id., at 45a.
“Lord, God of all creation, we give you thanks and praise for your presence and action in the world. We look with anticipation to the celebration of Holy Week and Easter. It is in the solemn events of next week that we find the very heart and center of our Christian faith. We acknowledge the saving sacrifice of Jesus Christ on the cross. We draw strength, vitality, and confidence from his resurrection at Easter. . . . We pray for peace in the world, an end to terrorism,violence, conflict, and war. We pray for stability, democracy, and good government in those countries in which our armed forces are now serving, especially in Iraq and Afghanistan. . . . Praise and glory be yours, O Lord, now and forever more. Amen.”
Kennedy emphasized that the Court had long recognized a historical practice of prayers as not violating the establishment clause:
An insistence on nonsectarian or ecumenical prayer as a single, fixed standard is not consistent with the tradition of legislative prayer outlined in the Court’s cases. The Court found the prayers in Marsh consistent with the First Amendment not because they espoused only a generic theism but because our history and tradition have shown that prayer in this limited context could “coexis[t] with the principles of disestablishment and religious freedom.” 463 U. S., at 786.
Kennedy found no evidence of coercion in the use of the prayers by the Town of Greece:
Ceremonial prayer is but a recognition that, since this Nation was founded and until the present day, many Americans deem that their own existence must be understood by precepts far beyond the authority of government to alter or define and that willing participation in civic affairs can be consistent with a brief acknowledgment of their belief in a higher power, always with due respect for those who adhere to other beliefs. The prayer in this case has a permissible ceremonial purpose. It is not an unconstitutional establishment of religion.
Kennedy made clear that secular values would not replace religious values in such public meetings as a constitutional mandate and refused to require “chaplains to redact the religious content from their message in order to make it acceptable for the public sphere . . . Government may not mandate a civic religion that stifles any but the most generic reference to the sacred any more than it may prescribe a religious orthodoxy.”
This does not of course help those who do not believe in theism. I suppose, like Rome, when in Greece just learn to do as the Greeks do.
The case is Greece v. Galloway, 12-696. In my Supreme Court class, the students voted overwhelmingly to affirm by a vote of 11-1. The prediction was closer. Five of us thought that the Court would reverse the Second Circuit (which it did) and seven students thought the Court would affirm.
Here are the opinions.
Nick;
I fail to see how it serves any good to disparage a great man of accomplishment, who was slaughtered for veiled agenda(s); for the sake of providing proof your delving into archives makes you an expert.
It would serve U.S. all better (and you well) to simply state JFK made a mistake.
Poor performance or not – the resolution has served to the end of a Cold War.
Laser – there are mistakes and then there are MISTAKES. What we are trying to figure out is what made JFK a great President. So far we are down to his starting the space race.
Paul, Kennedy brought the Democrats over to embracing Civil Rights with the Republicans. Furthermore, Kennedy believed in the Republican concept of supply side economics: lowering taxes as a way to stimulate the economy. These are two additional ways in which he was a good President.
I used the shortcut for Krushchev, too many consonants. It’s lazy.
The Cold War is my specialty. I spent days @ the Truman Library in Independence, Mo. reading declassified documents about our dealings w/ the USSR. The Cuban Missile Crisis should have never occurred. It did occur because of Kennedy’s abysmal performance @ the Vienna Summit just after his defeat of Nixon. Kruschev ran circles around JFK, something JFK later admitted. so, JFK’s poor performance @ their first meeting emboldened Kruschev to try and put missiles in Cuba.
Paul Schulte:
that is what I have read and understand as well.
RTC:
which genius friend?
RTC – he did not back them down. He horse traded them the Turkish missiles for the Cuban missiles. Yes, he got the plan from Eisenhower, but he changed it so the invaders did not get air cover. They were sitting ducks for the Cubans. Kennedy’s blunder at the Bay of Pigs cost us missiles in Turkey.
Byron: I rest my case. Fascism is related to socialism the same hot is related to cold. They are but different gradients of classification.
I thought your friend, the genius,explained it to you. Are you sure he was a member of MENSA and not working in an Apple store?
There’s a difference.
Paul: JFK backed the Russians down. Missiles remained in Europe even as the Soviets removed theirs from the Western Hemisphere. He did this without a single shop fired. He inherited the Bay of Pigs from Eisenhower, and the plan was unworkable as it came out of the file. The Soviets underestimated Kennedy, a mistake that has cost many an overconfident adversary dearly.
RTC:
is Nigel Hamilton a scandal monger? Please show me the evidence.
JFK did enough on his own, he doesnt need to be guilty by association.
Fascism and socialism are pretty much the same thing, I know the socialists dont want to be tarred with that association but that is the substance of it.
Basically Fascists are socialists with nationalistic tendencies. I am so sorry your comprehension of economics is sub-par. Many liberals share your same affliction so you are in “good” company.
Paul: I will give you two examples of Kennedy’s accomplishments. His deft handling of the Cuban Missile Crisis and setting the goal of putting an American on the moon.
There are other examples, I’m sure. Trying to undermine his career by casting aspersions on his personal, consisting of as much fiction as fact, is a cheap debating tactic. Such gimmickry may be suited to others, but I’d like to believe it’s below your dignity.
In any case, I’m not sure how much fault you can find with a man who fails to let a chance to sleep with Marilyn Monroe pass by.
RTC – have you really read the history and actual horse trading that went on with the Cuban Missile Crisis? It was not deft at all. He traded missiles in Cuba for missiles in Turkey. And he set the space race in motion but we kept losing it until we finally got someone on the moon. Kennedy was long dead by then.
We got into the Cuban Missile Crisis because the Soviets thought he was a light-weight because of his ‘deft’ mishandling of Bay of Pigs.
Byron: Joe Kennedy? Teddy? Mistresses? They have absolutely nothing to do with JFK’s service and courage in WWII. Nothing. Do you have a relative, a distant cousin, or a neighbor who has committed some transgression or been guilty of an error in judgement? Should you be held accountable for their acts? Please stick to the topic at hand.
Dr. Stanley has provided ample proofs in support of JFK’s valor. You read a book written by a scandal monger.
You claim that if it can be shown that you are wrong, you would accept it; If I thought it were possible to persuade you of the simplest error in thinking, I would try. However, I have seen you insist that fascism and socialism are one in the same far too often to think you are capable of such an admission.
In fact, you seem to be inviting pointless argument and debate. I decline.
ps having said that, I consider it a good sign if the guy running for office is not a felon or currently under indictment.
Now, we talking about waging war with someone he had no battle with. Diplomacy was not shrubs strong skills, nor Cheneys. But am I hearing a libertarian say that someone in the government should spend money. Great balls of fire. That’s ok, shrub not only spent it but gave big business and oil wonderful tax breaks. Enough said.
He should have spent some of that surplus going after Bin Laden.
Just like Clinton balanced the budget. What’s the issue? Next.
keebler – the Republican House and Senate balanced the budget, Clinton said it could not be done while he was President. Then he was ‘forced’ to sign it. He did not do it, he took credit for it, but he really had no hand in it.
Nice point, Mr. Keebler.
Both bush and Cheney either MiA or a draft dodger.
Keebler – just like Clinton, right?
At last, bush bankrupted 2 companies was on the third before daddy got somebody to buy it, it went under eventually as well. Now the nation is paying for bushes business acumen.
Cheney want a joke a lesbian daughter in the GOP, not supporting same sex marriages, got a problem with a good ole republican such a hypocrit.
Ted Cruz, an embarrassment not only to the tea party but to the GOP as well. He’s a joke, but becaus he has money backing him he got elected. If that’s the best they can do with the Canadian garbage send him beck with justin briber. They’ve both over stayed there welcome.
Byron,
I think there are millions of women who blame both unfaithful husbands and the women with whom they are involved. Especially when it is well known the man is married.
Byron @ 1:55
Both gracious and thoughtful.