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US judge bans religious number plates

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posted on Nov, 12 2009 @ 07:37 PM
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The violate the establishment clause, the state legislature would have had to have passed a bill stating only a cross will be allowed on special plates, and that all other religious symbols would not be allowed on any future plates. They did not. No other groups have been denied special tags because they were not a Christian group or organization. There is no violation of the Constitution.
As many, who have not actually read the Constitution, do not know, there is no 'separation of church and state' in the Constitution. The state simply can not establish a religion, nor endorse one, nor give one favoritism over another. A cross on a special issue plate is not an endorsement of religion- it is tolerance of one. S. Carolina also tolerates a tag commemorating the sons of the Confederacy, which has a Confederate flag on it. The state is not endorsing the Confederacy, but simply tolerating those who are a member of said group.



posted on Nov, 12 2009 @ 08:10 PM
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Again, I believe that this is a state issue, not a federal issue.

South Carolina Constitution of 1778:
Amendment I (Religion)



XXXVIII. That all persons and religious societies who acknowledge that there is one God, and a future state of rewards and punishments, and that God is publicly to be worshipped, shall be freely tolerated. The Christian Protestant religion shall be deemed, and is hereby constituted and declared to be, the established religion of this State. That all denominations of Christian Protestants in this State, demeaning themselves peaceably and faithfully, shall enjoy equal religious and civil privileges. To accomplish this desirable purpose without injury to the religious property of those societies of Christians which are by law already incorporated for the purpose of religious worship, and to put it fully into the power of every other society of Christian Protestants, either already formed or hereafter to be formed, to obtain the like incorporation, it is hereby constituted, appointed, and declared that the respective societies of the Church of England that are already formed in this State for the purpose of religious worship shall still continue incorporate and hold the religious property now in their possession. And that whenever fifteen or more male persons, not under twenty-one years of age, professing the Christian Protestant religion, and agreeing to unite themselves in a society for the purposes of religious worship, they shall, (on complying with the terms hereinafter mentioned,) be, and be constituted a church, and be esteemed and regarded in law as of the established religion of the State, and on a petition to the legislature shall be entitled to be incorporated and to enjoy equal privileges. That every society of Christians so formed shall give themselves a name or denomination by which they shall be called and known in law, and all that associate with them for the purposes of worship shall be esteemed as belonging to the society so called. But that previous to the establishment and incorporation of the respective societies of every denomination as aforesaid, and in order to entitle them thereto, each society so petitioning shall have agreed to and subscribed in a book the following five articles, without which no agreement or union of men upon pretence of religion shall entitle them to be incorporated and esteemed as a church of the established religion of this State:

1st. That there is one eternal God, and a future state of rewards and punishments.

2d. That God is publicly to be worshipped.

3d. That the Christian religion is the true religion.

4th. That the holy scriptures of the Old and New Testaments are of divine inspiration, and are the rule of faith and practice.

5th. That it is lawful and the duty of every man being thereunto called by those that govern, to bear witness to the truth.

And that every inhabitant of this State, when called to make an appeal to God as a witness to truth, shall be permitted to do it in that way which is most agreeable to the dictates of his own conscience. And that the people of this State may forever enjoy the right of electing their own pastors or clergy, and at the same time that the State may have sufficient security for the due discharge of the pastoral office, by those who shall be admitted to be clergymen, no person shall officiate as minister of any established church who shall not have been chosen by a majority of the society to which he shall minister, or by persons appointed by the said majority, to choose and procure a minister for them; nor until the minister so chosen and appointed shall have made and subscribed to the following declaration, over and above the aforesaid five articles, viz: "That he is determined by God's grace out of the holy scriptures, to instruct the people committed to his charge, and to teach nothing as required of necessity to eternal salvation but that which he shall be persuaded may be concluded and proved from the scripture; that he will use both public and private admonitions, as well to the sick as to the whole within his cure, as need shall require and occasion shall be given, and that he will be diligent in prayers, and in reading of the same; that he will be diligent to frame and fashion his own self and his family according to the doctrine of Christ, and to make both himself and them, as much as in him lieth, wholesome examples and patterns to the flock of Christ; that he will maintain and set forwards, as much as he can, quietness, peace, and love among all people, and especially among those that are or shall be committed to his charge. No person shall disturb or molest any religious assembly; nor shall use any reproachful, reviling, or abusive language against any church, that being the certain way of disturbing the peace, and of hindering the conversion of any to the truth, by engaging them in quarrels and animosities, to the hatred of the professors, and that profession which otherwise they might be brought to assent to. No person whatsoever shall speak anything in their religious assembly irreverently or seditiously of the government of this State. No person shall, by law, be obliged to pay towards the maintenance and support of a religious worship that he does not freely join in, or has not voluntarily engaged to support. But the churches, chapels, parsonages, glebes, and all other property now belonging to any societies of the Church of England, or any other religious societies, shall remain and be secured to them forever. The poor shall be supported, and elections managed in the accustomed manner, until laws shall be provided to adjust those matters in the most equitable way.


press-pubs.uchicago.edu...

Although today, after 330 modifications to the SC constitution, it is still considered the longest constitution of the 50 states. There are still restrictions in it for things like divorce:
en.wikipedia.org...

Prior to April 15, 1949, Article XVII, Section 3, of the South Carolina Constitution prohibited divorce for any reason. Since that date, South Carolina permits divorce for certain reasons. It is believed that South Carolina is the only State in the Union that lists the grounds for divorce in its Constitution. The effect of doing so is that the Legislature is prohibited from creating additional grounds for divorce beyond those specified in the South Carolina Constitution. See S.C. Const. art. XVII, Section 3.


As you can see, SC is rather an anomaly, and I suspect that those in SC felt quite comfortable passing the law that allowed the "I Believe" license plate.

Amending the SC Constitution has become a relatively frequent game in the state. If a state judge had issued the ruling, I would have had no problem with the ruling. The SC voters, if they feel strongly about it, COULD amend their constitution to allow the license plate.
I do believe though, that the federal government should not have gotten involved. However, given the current administration, I am afraid that this is just the beginning of the end of the power of the states, unless states put a stop to it. This goes far beyond the license plate issue. A country where the FEDERAL GOVERNMENT rules and runs everything is a recipe for complete disaster and complete loss of freedom.



 
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