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Joined: Feb 2005
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Originally posted by djs: The opinion is here. [ca2.uscourts.gov] (Best to save target as... ; it's over 100 pages.) Bob, I believe if you click "here" above, the text of the decision will come up. In IC XC, Father Anthony+
Everyone baptized into Christ should pass progressively through all the stages of Christ's own life, for in baptism he receives the power so to progress, and through the commandments he can discover and learn how to accomplish such progression. - Saint Gregory of Sinai
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Joined: Nov 2005
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I'm sorry for the typos and for having a belligerent computer which won't open the document. However, I think that I figured it out and a case record is on the way.
Thanks!
One Love.
bob r.
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Joined: Jun 2002
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Originally posted by djs:
The headline and the first sentence are flatly false. The second sentence, while strictly true, leaves out so many relevant facts that it is potentially very misleading. There is not the merest effort to detail the school policy, the facts of the case, the specific issues under litigation, or the actual ruling. The article is at best uninformative and at worst inflammatory and dishonest. I hate to see such writing in a publication that uses the word "Catholic" in its name. Thanks for clarifying. I wanted to understand your thinking on this, since I have not read (nor do I have the legal expertise that you do) the decision.
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Gordo, I've read through only the first part of the download. This part reviews the policy of the school, the facts about the way it was enacted, some legal precedents on what the SCOTUS requires, which symbols have secular connotations, etc. I don't have any legal experience, but the actual situation is fairly clear.
As to appeals. I think that an appeal might follow along the lines of the dissent. I think it may be found that the criterion of "secular connotations" may be too vague for easy application and thus effectively lead to constant haggling and entanglement of state and religious interests. This situation may be seen as falling outside the guidelines set in the Lemon precedent referred to in the decision.
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Joined: Nov 2005
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The dissent seems well reasoned and Lemon seems like a helpful reference point. I thought that Allegheny was being misunderstood or applied too broadly, though.
It seems like there is a good basis for appeal, but why am I stuck thinking that this was bungled by the plaintiff's attorneys?
I hope that this moves forward.
Now, I really am more concerned about the ACLU/Marines case mentioned above in large part because that affects my livlihood. I need details; can anyone provide them?
One Love.
bob r.
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