• Weirdmusic@lemmy.world
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    6 months ago

    Honestly, I can’t see how SCOTUS could rule in his favour. The US constitution clearly states that there is a seperation between church and state. For SCOTUS to rule in his favour would require them overturning the constitution itself.

      • snooggums@midwest.social
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        6 months ago

        Also

        1. The current conservative SCOTUS doesn’t care about precedent or the constitution and will rule however they want.
      • BrianTheeBiscuiteer@lemmy.world
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        6 months ago

        That whole “it only applies to Congress” angle is malarkey.

        303 Creative v. Elenis: The 1st Amendment bars Colorado from forcing businesses to provide service that goes against their religious beliefs.

        Shurtleff v. City of Boston: The City of Boston could not reject flying a Christian flag when it had open many other groups to fly different flags for various occasions.

        Kennedy v. Bremerton School District: A school board wrongfully terminated a coach for praying on the field.

        These are all recent cases too. Of course, that doesn’t mean they won’t find some different bullshit reason to say this is fine.

        • Rolder@reddthat.com
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          6 months ago

          Man if they rule that states can discriminate based on religion, I look forward to all the left leaning states going in the total opposite direction.

          • BrianTheeBiscuiteer@lemmy.world
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            6 months ago

            They’ll just agree with the lie that our country was founded on Judeo-Christian values and anything Christian is simply embracing our history.

      • eltrain123@lemmy.world
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        6 months ago

        The actual text concerning religion says that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;…”. It’s arguable that requiring publicly funding schools to display a specific religions moral code is establishing their religious views as a standard others must follow.

        The second part of that (prohibiting the free exercise thereof) is not affected. They are free to do whatever they want in their private homes and institutions. They just are not free to force those practices on others or other’s children. You don’t have the freedom to “exercise” if exercise means forcing your will on others. And anyone that thinks that should be the case is specifically calling to remove that constitutional freedom from our society.

        It’s un-American… by definition…

        • nymwit@lemm.ee
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          6 months ago

          but but but it’s an historical document, not religious at all [wink wink to stage left]

      • hydrospanner@lemmy.world
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        6 months ago

        Wouldn’t the combo of the first amendment and the supremacy clause pretty neatly dismantle the new Louisiana law?

      • Billiam@lemmy.world
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        6 months ago

        Re: 1, the concept of church/state separation is espoused by the First Amendment, if not explicitly stated as such. But as has been made clear, Roberts’ SCOTUS has yet to miss a case dismantling that wall.

        Re: 2, SCOTUS has held that amendments only apply to Congress unless they have been incorporated via the 14th out to the states. The First Amendment’s restriction on state-endorsed religion was incorporated in a case from 1947 called Everson vs. Board of Education which means that if Congress can’t create an official government religion, state legislatures can’t either. Of course, what one SCOTUS decides another can overturn, so it’s not out of the realm of possibility for Roberts’ activist Court to remove the concept of incorporation altogether.

    • Viking_Hippie@lemmy.world
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      6 months ago

      For SCOTUS to rule in his favour would require them overturning the constitution itself.

      Nah, all they’d have to do is make up a bullshit interpretation that fits the political opinions of them and their billionaire friends. That’s basically what the majority of them are there for to begin with.

    • voracitude@lemmy.world
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      6 months ago

      The Constitution also clearly states that anyone who breaks their oath of office to commit treason against the country shall not hold political office unless cleared by 2/3rds majority in Congress. It’s time to admit that the rules are all made up and the Constitution doesn’t matter.

    • themeatbridge@lemmy.world
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      6 months ago

      The SCOTUS is thoroughly corrupt. We have three sitting justices who have been exposed as accepting bribes from parties with matters before the court, and we have two that are known to have committed perjury during their confirmation hearings.

      There is zero accountability or recourse. We no longer live in a country with a rule of law.

    • Sanctus@lemmy.world
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      6 months ago

      I agree with this. I dont think this one was thought through. We shall see what the illegitimate court thinks. If they agree with him that should be our final line as a people.

    • walter_wiggles@lemmy.nz
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      6 months ago

      The Constitution is just an interpretation of the teachings of the Founding Fathers. SCOTUS is the only body that has a direct line of communication to the Founding Fathers. We can rely on them to convey to the masses what the Founding Fathers truly intended.

      (I think this is sarcasm, but I wouldn’t be surprised if they used this logic)

    • Dkarma@lemmy.world
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      6 months ago

      Maybe youth weren’t paying attention to the Dobbs decision where they ignored the 9th amendment entirely and half of the 14th.

    • Fedizen@lemmy.world
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      6 months ago

      The SCOTUS ruling on college loan forgiveness they simply said “we know the law explicitly says that you can do this but we don’t like it so, no and we’re not actually justifying this decision with any kind of criteria”

    • seathru@lemmy.sdf.org
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      6 months ago

      The US constitution clearly states that there is a seperation between church and state.

      Unfortunately, I don’t believe you’ll find that wording in the constitution.

    • formergijoe@lemmy.world
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      6 months ago

      The Constitution specifically states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;” which is probably going to mean SCOTUS will rule that it’s okay because it’s a STATE Congress and not the federal Congress specifically called out in the Constitution making a law respecting the establishment of a religion. This seems like a solid letter of the law but not the spirit sort of reading that christofacists want.