One of the conservative talking points in opposition to same-sex marriage is that the courts shouldn’t redefine marriage. They claim it has always been between a man and a woman. The problem is marriage has been redefined before, several times. A recent redefinition even contradicts some religious conservative beliefs.
Justice Antonin Scalia, one of the members of the conservative block on the United States Supreme Court, gave a speech Wednesday where he seemed to be supporting the separation of church and state. Which is odd because he has been one of the justices who wants to limit the scope of the 1st amendment so narrowly that it really means nothing. Is Justice Scalia warming to separation of church and state?
In a 5-4 decision on Monday, the US Supreme Court said that the Town of Greece New York could open their town council meetings with a religious prayer. The majority on the court held that legislative prayers were not unconstitutional because they were traditional acts performed at government meetings. We’ve seen this argument before, it has been called Ceremonial Deism and it means a civic religion divorced of any specific religious meaning. I would think that Christians would be very upset that the court considers their religion ‘generic’. Just because Ceremonial Deism has been a tradition doesn’t mean it isn’t harmful.
One argument the court used to rule in favor of the Town of Greece was the old argument from tradition:
The Hobby Lobby religious exemption to covering contraception case will be heard in the US Supreme Court starting on Tuesday. If corporations are given a right to religious freedom there is no telling how bad this will be for people. One bad result, that hasn’t been reported on by the media, is that both plaintiffs want to prevent Doctors from even talking about contraceptives to their employees. These corporations want to get between you and your doctor.
The big news this past week was the US Supreme Court said it would hear two cases that challenge the contraceptive requirement in the Affordable Care Act. Two companies, operated by devout religious people, claim that having to provide health insurance to their employees that would pay for contraceptives violates their religious freedom under the Religious Freedom Restoration Act (RFRA). The companies claim religious freedom by denying the religious freedom of their employees.
I was going to write a long essay pointing how wrong Hobby Lobby and the Mennonite owners of a wood cabinet company are but Jill Filipovic writing for The Guardian hits the nail on the head. Here is a sample but read the whole article as it gives a great summary of the issue:
Town of Greece v. Galloway is a US Supreme Court case to heard in the fall that might set the boundaries for prayers before town council meetings so they aren’t a violation of the separation of church and state. One interesting thing to come out of the pre-hearing filings is that the Obama administration is supporting the prayers. I really never knew why it was so important for an elected body to pray before working since prayers don’t make elected officials do a better job nor do the prayers improve living in a certain town or county. As one church state group put it, a town council meeting ‘isn’t a church service and it shouldn’t seem like one.’
We found out this week that President Obama’s administration weighed in on the case in an amicus brief and took the side of the town council.