re: #371 lawhawk

I’m pretty sure that the Establishment Clause was not meant to be interpreted the way that Kennedy did in Town of Greece (in extending Marsh), but that’s what they did. And towns and localities around the country will interpret the allowance of a public prayer to inject religion in ways that can be meant to treat one religion as official.

Rather than overturning Marsh and finding this impermissible, Kennedy and the majority think that people are better than they are and wont impose their religious views on others.

It’s the same position this Court has taken on voting rights and racism, and it’s already been proven wrong on those counts.

I’m personally opposed to prayed at legislative sessions but the court’s decision is what it is. I know the court sometimes makes rulings based of “greater good” issues like eminent domain but their main purpose is to rule on a law’s adherence to the constitution. If this ruling becomes a problem then the best remedy is a legislative fix. I have no expectation that the court is solve problems to my liking, if this becomes a serious issue then the legislative branch needs to fix it.