justice antonin scalia

Supreme Court Says 'No' to Public School Graduations in Church

Elmbrook Church was the site of multiple Elmbrook School District graduation ceremonies. Creative Commons image by Sergeantjoe.

The U.S. Supreme Court on Monday let stand a lower court ruling that a Wisconsin high school acted unconstitutionally when it held its graduation ceremonies in a local megachurch.

The case, Elmbrook School District. v. Doe, involved a high school in a suburb of Milwaukee that rented the nondenominational Elmbrook Church for its graduation exercises in 2009. In 2012, the Chicago-based 7th U.S. Circuit Court of Appeals called the event was “offensive” and “coercive.” The church’s banners, pamphlets, Bibles, and other religious materials remained in the sanctuary during the graduation.

As is their custom, the justices did not give a reason for declining to hear a challenge to the 7th Circuit ruling.

Monday’s decision may be a signal by the court that despite its approval of sectarian prayers at public meetings in the Town of Greece v. Galloway decision in May, it draws the line at exposing children to religious symbols when they have not choice about it.

Supreme Court Wrestles with How 'Religious' Prayer Should Be at Public Meetings

Demonstrators hold signs in front of the Supreme Court on Wednesday. RNS photo by Katherine Burgess

The Supreme Court struggled Wednesday with a case that asks whether government bodies can open with prayers that some people find overly religious and excluding.

From their lines of questioning, it’s unclear whether the court is ready to write new rules on what sort of prayer falls outside constitutional bounds. And more than one of the justices noted that just before they took their seats, a court officer declared: “God save the United States and this honorable court.”

Few court watchers believe the justices will rule all civic prayers unconstitutional — the nation has a long history of convening legislative bodies with such language.

Rather, the question raised by Town of Greece v. Galloway is how sectarian these prayers can get.

ANALYSIS: A Cultural Wave on Gay Marriage Reaches the Supreme Court

Photo by Katie Anderson/Sojourners

"Thank you" Paul and Jeff sign. DOMA and Prop 8 decisions at the Supreme Court. Photo by Katie Anderson/Sojourners.

Sometimes a court opinion is more than just a court opinion.

Justice Anthony Kennedy’s 26-page decision Wednesday striking down a federal ban on same-sex marriages offers a window into Americans’ rapidly shifting views of same-sex relationships — a shift that increasingly relies on matters of law and fairness, not moral or religious views.

At the same time, Justice Antonin Scalia’s biting 26-page dissent in United States v. Windsor reflects a set of cultural, religious, and social arguments that are losing ground in the court of public opinion and now, in the highest court of the land.

Afternoon Philosofail

2308371224_60e0cda6e8If you're anything like me, reading this brief entry from Ian Millhiser at ThinkProgress.org titled, "Scalia says there's nothing unconstitutional about executing the innocent," will no doubt do more to raise your blood pressure than the afternoon latte you were just contemplating.

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