Does She Weigh The Same As A Duck?
We continue the long, bruising slide toward a Republican Fundamentalist state. From the ABA Journal by way of ACSBlog:
The 4th U.S. Circuit Court of Appeals has ruled a Virginia county can refuse to let a witch give the invocation at its meetings by limiting the privilege to clergy representing Judeo-Christian monotheism.
Lawyers for Wiccan practitioner Cynthia Simpson planned to file a motion this week asking the full court, based in Richmond, Va., to review the three-judge panel’s decision.
While the U.S. Supreme Court has limited government entanglement with religion in the past, the 4th Circuit’s decision relies heavily on a case in which the high court carved out separate and broader boundaries and guidelines for prayer at legislative gatherings. In that 1983 case, the court ruled there was no violation of the establishment clause when the Nebraska legislature used a Presbyterian minister over a number of years to lead its invocations. Marsh v. Chambers, 463 U.S. 783.
The court said in Marsh that as long as the selection of a particular minister did not stem "from any impermissible motive," it was constitutional. The Marsh opinion also strongly emphasized the long history of prayer in both Congress and the Supreme Court itself.
The 4th Circuit ruled Chesterfield County’s Board of Supervisors did not show impermissible motive in refusing to permit a pantheistic invocation by a Wiccan because its list of clergy who registered to conduct invocations covers a wide spectrum of Judeo-Christian denominations.
So, Judeo-Christian (a made-up term) denominations can now stand in for any other religion as the official religion requested to participate in government business. Because, you know, the Bible really does encompass every other sacred text, and there's never been any problem with, you know, silly little religious tiffs, arising between Judeos and/or Christians (who are, after all, completely interchangeable), and anyone else.
Full text of opinion here. Note that the Appeals Court opinion comes from Judge Wilkinson, a Reagan appointee and Judges Niemeyer and Williams, both Bush I appointees.






I love the term Judeos!
Posted by: Abby | May 03, 2005 at 12:42 PM
Made me smile too. I read somewhere else though that the Radical Republicans are working to drop the "Judeo" completely anyway.
Posted by: eRobin | May 03, 2005 at 03:17 PM
Of course they're trying to get rid of the Judeos. And then they'll try to get rid of each other.
- The Republican Fundamentalist Catholics don't think Protestants or Jews are on the right path.
- The Republican Fundamentalist Protestants don't think the Catholics are really Christians or the Jews are really Americans.
- The Republican Fundamentalist Jews don't have enough numbers that either of the other two groups will give a damn about what they think once it's no longer useful to have a token angry Republican Rabbi on stage.
No-one remembers Magdeburg except us eeevil libruls.Posted by: paperwight | May 03, 2005 at 03:56 PM
"Because, you know, the Bible really does encompass every other sacred text,..."
Not "encompass": "Supersedes".
Posted by: JRI | May 04, 2005 at 08:56 AM
I suppose the Judeos are OK as long as they don't contradict the Christian part of our state religion. "I'm not establishing it! It was already established when I got here!"
Posted by: Mark Paris | May 04, 2005 at 09:55 AM
Would have been nice if the court had addressed the possibility of a Muslim cleric, a Buddhist monk, or a Navajo shaman leading the prayers.
But I'm sorry I can't work up any theocratic phobia about a wiccan being told to pack up her broomstick and potions and go peddle her love charms elsewhere.
Asking a wiccan to lead a prayer service is like asking an advocate of creationism to give the key note address at a convention of biologists.
Posted by: Lance Mannion | May 05, 2005 at 08:26 AM
So, you're saying a Wiccan's irrational beliefs just aren't as good as anyone else's? From what little I know about Wicca, they're trying to resurrect a centuries-old religion that was largely exterminated, but definitely existed. What about a Mormon? That's pretty much made up in the last couple centuries. Vodun? That's just a hodgepodge of West African Animism and Catholicism. Hindu polytheism? Charismatic snake-handling tongues-talking Evangelicals? Papists with their frippery and incense?
See, when you start determining what's a real religion and what's not based on the kind of things you think are silly, not on the sincerity of their belief, you're right down the road that the separation of church and state is meant to block off.
Posted by: paperwight | May 05, 2005 at 08:41 AM
Wow, who knew that Lance Mannion was such a jerk?
The issue isn't whether a wiccan may or may not do a prayer service in a way that Lance Mannion approves. The point is that this is a clear example of the preferential treatment of some religions over others.
And for the record - I'm an atheist and I think all religions are stupid. But since people insist on having religions, our government had damn well better not favor some over others, or we're on the road to theocracy. That's why this case is important, no matter how big an anti-wiccan bigot Lance Mannion is.
Posted by: Nancy | May 05, 2005 at 09:22 AM
Wow, if anyone missed the point more than Lance I would like to meet them.
Lance The earth religions find your religion just as silly as you find theirs. Your post clearly shows your attitude "We have to placate these silly religions, but I know I alone have the lock an TRUTH".
Well my invisible pink unicorn god says your silly bearded man in robes doesn't exist. And if by some chance he does, the unicorn could kick his butt.
Posted by: Andy | May 05, 2005 at 11:07 AM
She turned me into a newt!
Posted by: tizzie | May 05, 2005 at 11:25 AM
This ruling appears to provide 'legal' approval for only one religion.
How can this stand?
Posted by: Jon Koppenhoefer | May 05, 2005 at 11:53 PM