Competing rights against "discrimination"

The Washington Post recently reported on the clash between religious expression and civil rights of gays.

The Post notes, "Faith organizations and individuals who view homosexuality as sinful and refuse to provide services to gay people are losing a growing number of legal battles that they say are costing them their religious freedom."

As one might expect, advocates on both sides are pushing for more legislation to protect their positions. However, with all constitutional rights, no right is absolute, and there are often reasons for any particular right to give way to a greater purpose.

Supreme Court says "no" to an additional monument next to 10 Commandments

Under its analysis of the First Amendment's freedom of speech clause, the U. S. Supreme Court recently ruled that a religious group could not compel a municipality to accept its gift of a religious monument to be displayed in a park along with an existing Ten Commandments monument. Here is the New York Times story on the Court's decision.

U. S. Supreme Court to consider religious military memorial

Supreme Court cases involving government and religion are always interesting. Often the outcomes seem to vary depending on the particular facts of a case. Usually that means that the Court is trying to balance expression of religion and the governmental "entanglement" with religion.

In October, the Court will consider a case involving a cross erected as a military memorial in a federal preserve. Here is the L. A. Times story on the case.

Two years ago, the U.S. 9th Circuit Court of Appeals . . .declared the cross an "impermissible governmental endorsement of religion."

. . .

Bush administration lawyers appealed to the Supreme Court last fall and said the "seriously misguided decision" would require the government "to tear down a cross that has stood without incident for 70 years as a memorial to fallen service members."

. . .

In a friend-of-the-court brief, the VFW, American Legion and other veterans groups said the 9th Circuit's ruling, if allowed to stand, could trigger legal challenges to the display of crosses at Arlington National Cemetery and elsewhere.

As you may recall, the U. S. Constitution does not contain the phrase "separation of church and state."

(Photo by Clearly Ambiguous; used by permission.)