posted on Oct, 3 2013 @ 04:27 AM
reply to post by ownbestenemy
Actually, on this... I don't really need more than what is supplied. The OP indicated from a first hand, direct witness perspective that he saw them
being handed out to school kids.
I noticed in another part of the thread you dismissed the Rensselaer case as being relevant...and quite frankly, I'm surprised. I have read that
decision...as it happens...and I found it extremely relevant. Almost overlapping, given the fact there is history in Kentucky, this is the same
company doing it as was in that case and a quick look across news headlines shows they make a habit of it. However, in the Rensselaer case, there are
specific findings that stand out for the decision.
Section 3 sums it up pretty well,
As a result, we must continue to view with suspicion governmental forays into religious activity, particularly in the context of public schools.
The relationship between the Corporation and the Gideons cannot survive this scrutiny. Under the principles enunciated in Lemon and Lee, the
distribution of Bibles in Indiana schools offends the First Amendment of the Constitution, and we are compelled to reverse the district court, 766
In section 22..to paraphrase a bit for space...
Defendant is also wrong as a matter of law that the First Amendment interest in free expression automatically trumps the First Amendment
prohibition on state-sponsored religious activity. The reverse is true in the coercive context of public schools.
The First Amendment's mandate that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"
applies to the states through the Fourteenth Amendment. Cantwell v. Connecticut, 310 U.S. 296, 303, 60 S.Ct. 900, 903, 84 L.Ed. 1213. Because the
Rensselaer Central School Corporation acted with state authority in welcoming the Gideons into public schools, its actions are subject to the dictates
of the First Amendment. Under the Establishment Clause, the government may not aid one religion, aid all religions or favor one religion over another.
Everson v. Board of Education of Ewing Tp., 330 U.S. 1, 15, 67 S.Ct. 504, 511, 91 L.Ed. 711. As the Supreme Court said in Zorach v. Clauson:
and one last of a long list where many don't apply but some very much do. It takes quite a bit to read it all and several more apply than I have
listed here for their specific points of finding. This is the last for space here though.
In Lee, the Supreme Court held that public school principals may not invite clergy to offer invocation and benediction prayers at formal
graduation ceremonies for high schools and middle schools without offending the First Amendment. The Corporation's practice of assisting Gideons in
distributing Bibles for non-pedagogical purposes is a far more glaring offense to First Amendment principles than a nonsectarian graduation
As I have mentioned above...this is something I've dealt with personally, in direct issues in the local district. It wasn't a major deal but was
clear for law as I saw it handled. The precedent is pretty clear and while it's very possibly open to more court action on similar cases around the
nation, I don't think the Gideons or others like them will fare well on it if they stand and fight.
Another part of the decision notes they make a habit of not doing that and avoiding litigation when at all possible. It's pretty clear why, I
believe. The letter and spirit of the law here flat doesn't support the distribution of religious material in school, during school hours while the
kids are there by no choice of their own, as part of mandatory attendance.
Sounds like an oops here, and it also seems to happen all the time around the nation by headlines.