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February 02, 2005

Challenging Lemon

The American Family Association's Law Center has submitted a brief to the Supreme Court in regards to two upcoming cases. Oral arguments for, McCreary County, KY v. ACLU and Van Orden v. Perry, are scheduled for March 2. In McCreary County, KY v. ACLU, the ACLU sued several Kentucky counties for displaying the Ten Commandments in various courthouses and schools. In Van Orden v. Perry a homeless man -- a disbarred attorney that lives under a bush in Austen, Texas (I'm completely serious) -- sued the State of Texas to remove from the grounds of the State Capitol a granite monument in which the Ten Commandments are etched.

The AFA contends that the Lemon test, based on the ruling in Lemon v. Kurtzman, is outdated and allow judges to invent law.

“The Lemon test long ago outlived its usefulness. In fact, it has been one of the primary tools wielded by activist judges bent on removing all religious speech and artifacts from the public square,” said Stephen M. Crampton, Chief Counsel of the AFA CLP and chief author of the brief. “Lemon unlawfully permits judges to substitute their own notions of religious propriety for those of the elected legislature and the people,” Crampton added.

We've seen precisely what the AFA describes over and over again. The notion of “freedom from religion” has inserted itself into the law, so much so that it trumps the Constitution guarantee of freedom of religion.

Posted by Jack Lewis at February 2, 2005 08:48 AM

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