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Joe

Member
Oct 25, 2017
8,592
I am curious to read the opinions and see how this relates to Santa Fe v Doe. Seems wild that student-led prayer violates the Establishment Clause but coach-led prayer doesn't. Wonder how they thread that needle. Or maybe they just reversed Santa Fe v Doe?
 

Thordinson

Member
Aug 1, 2018
17,912
this is the least mad ive been at an SC ruling. If it was proven he would give favoritism then definitely a problem, but otherwise this is pretty standard for religious coaches in sports.

I was certainly confused as fuck at the lords prayer recital before football games growing up, but its pretty whatever.

Favoritism is inherent in doing this so publicly.

It being standard for public schools doesn't make it correct.

On its face it doesn't sound bad, but if he was pressuring the students to join and showing favoritism towards the ones who did then that's obviously messed up.

He pressures them by simply doing it.

I am curious to read the opinions and see how this relates to Santa Fe v Doe. Seems wild that student-led prayer violates the Establishment Clause but coach-led prayer doesn't. Wonder how they thread that needle. Or maybe they just reversed Santa Fe v Doe?

They square it by saying that none of the players were "required or expected to join in." That and throwing out the Lemon Test.
 
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Doorman

Member
Oct 25, 2017
4,833
Michigan
If this court can make a ruling that brings us closer to a white authoritarian oligarchy using religion as its pretext, whether the distance pulled is an inch or a mile, they'll take it.

The only way they'll stop is if that power is forcibly taken away from them, one way or another.
 

MechaX

Member
Oct 27, 2017
5,040
The fact that the Court had to overrule the Lemon test to do this is kind of a bigger deal than it initially seems (spent a pretty significant portion of Con law and 1st Amendment law courses going over Establishment clause stuff, only for the court to nuke 50 years of jurisprudence)
 

Deleted member 3542

User-requested account closure
Banned
Oct 25, 2017
4,889
The downward spiral of this country is obvious and Dem leadership sits around and shrugs. This is going to set a path towards prayer and religion in school and soon to be "teacher rights" on who they decide to coach or teach.

The US is unique in how it puts religion on some high fucking pedestal to the point where you have to allow it to do whatever it wants. "Religious freedom" has been as misinterpreted as much as the second amendment.
 

entremet

You wouldn't toast a NES cartridge
Member
Oct 26, 2017
59,991
gonna go ahead and guess that the super nerds on the court never played team sports.

dont show up for "optional" practice and get cut. This is something the coach could easily use as justification to no play a player or cut them.
Definitely, they also don't understand group dynamics at all it seems. Hence, interpreting "well regulated militia" as an individual right.
 

Thordinson

Member
Aug 1, 2018
17,912
The fact that the Court had to overrule the Lemon test to do this is kind of a bigger deal than it initially seems (spent a pretty significant portion of Con law and 1st Amendment law courses going over Establishment clause stuff, only for the court to nuke 50 years of jurisprudence)

This is a really big takeaway.

The Lemon Test being gone is not good.
 

Watchtower

Member
Oct 27, 2017
11,638
This is yet another 'death by a thousand cuts' ruling that doesn't do all that much *by itself* but which when added up to the others this court has made (and will make) directly targets a clear written constitutional protection. This *was* the approach previous conservative courts took to Roe vs Wade before this one decided to throw out that precedent.

These 'drip drip drip' approaches are a lot slower, for sure, but underline what this court is. I'm not sure that this court will set the precedent that separation of church and state was only meant to protect churches from the state, not prevent the state from adopting an official religion... but if we don't draw the line in the sand and say this court is too extreme and too conservative, I don't doubt a future more extreme, more conservative court would do just that.

Pretty much this. Conservatives understand the boiling frog metaphor very well. Expect a ton of small actions done very swiftly. They can't upend everything in a single day so they'll drag it out for years on end.

Unfortunately expect it to work too. People have short memory spans, people will keep scratching their head but adapting as they can and before they know it they won't even be in the same area code anymore.
 

joefro

▲ Legend ▲
Member
Jun 5, 2018
1,353
Louisiana
How a case like this even makes it to the SCOTUS. The entire court system is fucked. Separation of church and state seems like it will be a thing of the past soon.
 

thewienke

Member
Oct 25, 2017
15,933
I am curious to read the opinions and see how this relates to Santa Fe v Doe. Seems wild that student-led prayer violates the Establishment Clause but coach-led prayer doesn't. Wonder how they thread that needle. Or maybe they just reversed Santa Fe v Doe?

Seems like Santa Fe v Doe was for prayers during games (aka school functions) whereas this one gets a pass because the school function ended.

Except the image clearly suggests that the school function hasn't ended.
 

Dodongo

Member
Oct 25, 2017
7,462
Anyone who gives a shit about separation of church and state should disgusted by our current government.

If you're not turning out to oppose Republicans at every opportunity, you're consenting to the erosion of democracy.
 

Doc Holliday

Member
Oct 27, 2017
5,809
Geez I wonder if this would apply to a Muslim coach doing the same thing hmm. Let me take a wild guess….nope.
 

Thordinson

Member
Aug 1, 2018
17,912
Shit, they threw out Lemon for this? I haven't had time to read the ruling. That's a big deal. Fuck.

Yup.

In place of Lemon and the endorsement test, this Court has instructed that the Establishment Clause must be interpreted by "'reference to historical practices and understandings.' "

From Sotomayor's dissent:

Today's decision goes beyond merely misreading the record. The Court overrules Lemon v. Kurtzman, 403 U. S. 602 (1971), and calls into question decades of subsequent precedents that it deems "offshoot" of that decision. Ante, at 22. In the process, the Court rejects longstanding concerns surrounding government endorsement of religion and replaces the standard for reviewing such questions with a new "history and tradition" test.
 

viskod

Member
Nov 9, 2017
4,396
Public School Employee
On Public School Property
Acting in his official job as a Public School Employee.

Uh no. No you can't pray on public school property as a public school employee while you're doing your job as public school employee and try to get students to pray with you.
 

Yoshimitsu126

The Fallen
Nov 11, 2017
14,681
United States
Religion will always be a tool for the elite to cultivate and control the masses as the court is showing. And their denomination continues to sit by and watch their principles be stretched fanatically in a perverted way as long as they are on the same teams as them. No matter which nation or side of the world it is.
 

Thordinson

Member
Aug 1, 2018
17,912
Fucking historical practices again. Popping up as the new bullshit subjective standard in every goddamn case. And it obviously makes no fucking sense.

Agreed.

Public School Employee
On Public School Property
Acting in his official job as a Public School Employee.

Uh no. No you can't pray on public school property as a public school employee while you're doing your job as public school employee and try to get students to pray with you.

SCOTUS says you can ;)
 

Senator Toadstool

Attempted to circumvent ban with alt account
Banned
Oct 25, 2017
16,651
The fact that the Court had to overrule the Lemon test to do this is kind of a bigger deal than it initially seems (spent a pretty significant portion of Con law and 1st Amendment law courses going over Establishment clause stuff, only for the court to nuke 50 years of jurisprudence)

I'd hate to be a law student
 

TooBusyLookinGud

Graphics Engineer
Verified
Oct 27, 2017
7,939
California
I'm far from a Christian and I don't see a problem with praying, but I do have a problem with them pushing it in others. Don't force people do believe or participate in it and you'll be fine.I'd have a huge problem with any coach making my son pray. I'd be freaking livid.
 

AoM

Member
Oct 31, 2017
7,289
I'm far from a Christian and I don't see a problem with praying, but I do have a problem with them pushing it in others. Don't force people do believe or participate in it and you'll be fine.I'd have a huge problem with any coach making my son pray. I'd be freaking livid.
What do you think happens with millions (billions) of kids?
 

LebGuns

Member
Oct 25, 2017
4,127
For a country founded on the separation of church and state, as well as religious freedom, we sure as hell seem to be barreling towards becoming a catholic country…
 

MasterChumly

Member
Oct 25, 2017
3,895
There is so much more to the headlines than it appears. The problem was that multiple people felt their playing time was reduced and they were punished for not joining the cult prayer. The problem is that it's subjective on playing time and almost impossible to prove maliciousness if he doesn't flat out say it. Not a great precedence to set
 

Convasse

Member
Oct 26, 2017
3,814
Atlanta, GA, USA
Big Christian coach wants to have prayer circles on the 50-yard line.

Meanwhile, in the Gospel of Matthew, Chapter 6, Verse 5:

"And when you pray, you shall not be like the hypocrites. For they love to pray standing in the synagogues and on the corners of the streets, that they may be seen by men. Assuredly, I say to you, they have their reward."

Throwing out the Lemon Test to affirm this grandstanding is incredible to me.

Looks like, as usual, the GOP is only against Activist Judicial Review when it goes against their own agenda.
 

Senator Toadstool

Attempted to circumvent ban with alt account
Banned
Oct 25, 2017
16,651
There is so much more to the headlines than it appears. The problem was that multiple people felt their playing time was reduced and they were punished for not joining the cult prayer. The problem is that it's subjective on playing time and almost impossible to prove maliciousness if he doesn't flat out say it. Not a great precedence to set
This is the outcome they want
 

Doorman

Member
Oct 25, 2017
4,833
Michigan
By the way, anyone else remember back in the old days of...like two and a half weeks ago, when concerned talk about teachers "indoctrinating" kids at school with their own ideals was The Biggest Problem in the country? Remember how against that the right was?

Understandings based on "history" indeed.
 

RPG

Member
Oct 27, 2017
1,075
Colorado
I'm far from a Christian and I don't see a problem with praying, but I do have a problem with them pushing it in others. Don't force people do believe or participate in it and you'll be fine.I'd have a huge problem with any coach making my son pray. I'd be freaking livid.
I was wondering when this shoe would drop and now I'm waiting to see how the anti-CRT counter arguments many states put in place can get used against these pro-Christian decisions...
 

Senator Toadstool

Attempted to circumvent ban with alt account
Banned
Oct 25, 2017
16,651
This is a call for theocratic laws
In place of Lemon and the endorsement test, this Court has in- structed that the Establishment Clause must be interpreted by "'ref- erence to historical practices and understandings.' " Town of Greece v. Galloway, 572 U. S. 565, 576. A natural reading of the First Amend- ment suggests that the Clauses have "complementary" purposes, not warring ones where one Clause is always sure to prevail over the oth- ers. Everson v. Board of Ed. of Ewing, 330 U. S. 1, 13, 15. An analysis focused on original meaning and history, this Court has stressed, has long represented the rule rather than some "'exception'" within the "Court's Establishment Clause jurisprudence." Town of Greece, at 575. The District and the Ninth Circuit erred by failing to heed this guid- ance. Pp. 19–30.
 

Kill3r7

Member
Oct 25, 2017
24,402
I'm not understanding your reply.

When I mean authority, I don't mean official authority. But the coach is in a position of authority here. You think players, who want to be in their coaches good graces, would not feel compelled to pray if they're not comfortable?

All I was saying is that he did not verbally coerce or order any player to join in prayer. The school district believed that the pregame (predated Kennedy) and post game group prayer rituals were in violation of the Establishment Clause and there was no way to square the behavior with the law.

Player led prayer is fairly common in high school and college team sports (even if it is (was?) unconstitutional as per Santa Fe).
 
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Zaeia

Member
Jan 3, 2018
1,091
As an atheist, this is very very worrying! Also the not part of our "history and culture" reminds me so much of the "liberal" (conservative) success of right wing parties in Japan at establishing or blocking statute. And additionally historically revising out everything they don't like, akin to anti-CRT movement here. It's scary, because that line has been super effective there! They revise our history to eliminate minorities and their suffering, and then turn around and bludgeon us with it. The potential is frightening.
 

Lakeside

Member
Oct 25, 2017
9,216
I'm far from a Christian and I don't see a problem with praying, but I do have a problem with them pushing it in others. Don't force people do believe or participate in it and you'll be fine.I'd have a huge problem with any coach making my son pray. I'd be freaking livid.

I'd be on the other side of this, suing because my kid was being coerced to pray.
 

Hound

Member
Jul 6, 2019
1,827
As others have said here, wiping the Lemon test is a big, big deal. Using a "history and tradition" test is just opening the floodgates to a whole pile of bullshit, is prone to cherry-picking examples (like we've already seen), and is totally unworkable. This court is absolute trash.
 

crimsonECHIDNA

▲ Legend ▲
Member
Oct 25, 2017
17,352
Florida
Honestly leaving however you feel about organized religion itself aside, shit is mad inappropriate. I'm just imagining a supervisor at work calling an impromptu office meeting and then starting it off by leading a prayer.
 
Oct 27, 2017
10,660
Honestly leaving however you feel about belief aside, shit is mad inappropriate. I'm just imagining a supervisor at work calling an impromptu office meeting and then starting it off by leading a prayer.
And not joining you means the team and the boss will target you. In the case of the football team, perhaps they miss a defensive cover that leaves you open to getting hurt.

And I hope TST goes ham with this. Bring Baphomet to the 50, druids in robes, a whole spectacle.
 

Geode

Member
Oct 27, 2017
4,457
Oh boy "history and tradition", we're in for a rough next couple of decades. A lot of civil rights are going bye bye, unless they're some how in the Constitution.