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This page contains all of the posts and discussion on MemeStreams referencing the following web page: Erwin Chemerinsky - Legislating Violations of the Constitution - washingtonpost.com. You can find discussions on MemeStreams as you surf the web, even if you aren't a MemeStreams member, using the Threads Bookmarklet.

Erwin Chemerinsky - Legislating Violations of the Constitution - washingtonpost.com
by Rattle at 12:02 pm EDT, Oct 3, 2006

The Public Expression of Religion Act - H.R. 2679 - provides that attorneys who successfully challenge government actions as violating the Establishment Clause of the First Amendment shall not be entitled to recover attorneys fees.

I found this bill in thomas as the "Veterans' Memorials, Boy Scouts, Public Seals, and Other Public Expressions of Religion Protection Act of 2006".

Check out the act description:

To amend the Revised Statutes of the United States to prevent the use of the legal system in a manner that extorts money from State and local governments, and the Federal Government, and inhibits such governments' constitutional actions under the first, tenth, and fourteenth amendments.

So protecting constitutional rights is now interpreted as extorting money from the government? This is unbelievable..


 
RE: Erwin Chemerinsky - Legislating Violations of the Constitution - washingtonpost.com
by Decius at 1:19 pm EDT, Oct 3, 2006

Rattle wrote:
I found this bill in thomas as the "Veterans' Memorials, Boy Scouts, Public Seals, and Other Public Expressions of Religion Protection Act of 2006".

Those search links only work for a short period of time. Use this instead.


  
RE: Erwin Chemerinsky - Legislating Violations of the Constitution - washingtonpost.com
by Rattle at 1:21 pm EDT, Oct 3, 2006

Those search links only work for a short period of time. Use this instead.

I updated the post..


Legislating Violations of the Constitution
by noteworthy at 10:50 am EDT, Oct 7, 2006

I can't help but notice this can now be referred to as the "PERP Act".

Veterans' Memorials, Boy Scouts, Public Seals, and Other Public Expressions of Religion Protection Act of 2006 -- H.R. 2679 -- provides that attorneys who successfully challenge government actions as violating the Establishment Clause of the First Amendment shall not be entitled to recover attorneys fees.

With regard to the Boy Scouts angle, see BSA Legal:

Boy Scouts of America appreciates Congress’ interest in the litigation facing Boy Scouts and the solution Congress is pursuing in the “Veterans’ Memorials, Boy Scouts, Public Seals, and Other Public Expressions of Religion Protection Act of 2006.” For the past decade, Boy Scouts as well as federal, state, and local governments that support Boy Scouts, have been the targets of ACLU lawsuits challenging Boy Scouts’ relationships with government entities. Those lawsuits seek to use the Establishment Clause to sever government relationships with Scouting merely because Boy Scouts pledge a nonsectarian promise to do their “duty to God.” Boy Scouts of America hopes that the Veterans’ Memorials, Boy Scouts, Public Seals, and Other Public Expressions of Religion Protection Act of 2006 will help eliminate this frivolous litigation against Scouting and government entities.

From the record:

The ACLU received $950,000 in a settlement with the City of San Diego in a case involving the San Diego Boy Scouts.

Also:

In Redlands, California, the city council reluctantly capitulated to ACLU's demands and agreed to change their official seal. But Redlands didn't have the municipal funds to revise police and firefighter badges that contained the old seal so, as reported by the Sacramento Bee, `rather than face the likelihood of costly litigation,' Redlands residents now `see blue tape covering the cross on city trucks, while some firefighters have taken drills to `obliterate it' from their badges.'

Further:

The official name of the City of Los Angeles (known as `The City of Angels') is `The Town of Our Lady the Queen of Angels of the Little Portion,' which refers to Mary, Mother of Jesus. Many other California cities contain religious references, including San Clemente, Santa Monica, Sacramento (named for the `Holy Sacrament'), San Francisco and San Luis Obispo (named for Saint Louis the Bishop). Under precedents groups like the ACLU are setting under 42 U.S.C. Sec. 1983, the very names of these cities are in legal jeopardy.

To the section which begins "including, but not limited to, a violation resulting from--", they might as well have added "(5) a government employee's particularly pious demeanor." How can you disagree with that? Shouldn't government employees have the same rights as everyone else, wi... [ Read More (0.2k in body) ]


 
RE: Legislating Violations of the Constitution
by Decius at 1:12 pm EDT, Oct 7, 2006

noteworthy wrote:
With regard to the Boy Scouts angle, see BSA Legal:

Those lawsuits seek to use the Establishment Clause to sever government relationships with Scouting merely because Boy Scouts pledge a nonsectarian promise to do their “duty to God.”

I think its unlikely that the ACLU would be fucking with the Boy Scouts if they hadn't kicked out all the gay people. These lawsuits certainly aren't winning the ACLU any friends. They're doing this because they don't like bigotry, even really popular bigotry. To this, BSA Legal says:

Q. Don't Boy Scouts discriminate against gays and atheists?

A. Boy Scouts of America is one of the most diverse youth groups in the country, serving boys of every ethnicity, religion, and economic circumstance and having programs for older teens of both sexes. That Boy Scouts also has traditional values, like requiring youth to do their "duty to God" and be "morally straight" is nothing to be ashamed of and should not be controversial. No court case has ever held that Boy Scouts discriminates unlawfully, and it is unfortunate here that anyone would characterized Boy Scouts' constitutionally protected right to hold traditional values as "discriminatory." That is just name-calling.

Don't they realize how stupid that sounds? It can be both legal and discriminatory, and, in fact, it is. The BSA wants to have their cake and eat it too. They want to discriminate without being called discriminatory. They also want to be a private organization that has the right to discriminate while being a quasi public organization that is associated with the school system and receives government funds. The ACLU is making them choose one or the other. I really have no sympathy for conservative whining about this. If they want to discriminate against people they can do it with their own money.

In Redlands, California, the city council reluctantly capitulated to ACLU's demands and agreed to change their official seal. But Redlands didn't have the municipal funds to revise police and firefighter badges that contained the old seal so, as reported by the Sacramento Bee, `rather than face the likelihood of costly litigation,' Redlands residents now `see blue tape covering the cross on city trucks, while some firefighters have taken drills to `obliterate it' from their badges.'

The city seal suits in California don't make much sense to me. See my comments here and be sure to click through to see the new LA County seal. There you can see that this anachronistic seal was adopted during the late 50's establishment frenzy (IMHO the grapes were much better), but at the same time the irony of the Goddess Pomona did not escape the LA Government. I AM sympathetic to the idea that there might be a problem here, but this law is absolutely not the appropriate way to resolve it.


Erwin Chemerinsky - Legislating Violations of the Constitution - washingtonpost.com
by Decius at 11:32 am EDT, Oct 3, 2006

The Public Expression of Religion Act - H.R. 2679 - provides that attorneys who successfully challenge government actions as violating the Establishment Clause of the First Amendment shall not be entitled to recover attorneys fees.


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