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progree

(13,058 posts)
15. Here's their tie-in to marriage, from the document citied in the OP:
Wed May 7, 2014, 03:19 PM
May 2014

http://www.scribd.com/doc/222431634/12-17668-201
In upholding the town’s practice of beginning town council meetings with prayer, the Court made several statements indicating that the First Amendment’s Establishment Clause, made applicable to the States through the Fourteenth Amendment, should not be interpreted in a way that renders invalid a practice like prayer in public meetings that was well established at the time the First and Fourteenth Amendments were adopted. For example, referring to the Court’s earlier decision in Marsh v. Chambers, 463 U.S. 783 (1983), the Court said:

Marsh stands for the proposition that it is not necessary to define the precise boundary of the Establishment Clause where history shows that the specific practice is permitted. Any test the Court adopts must acknowledge a practice that was accepted by the Framers and has withstood the critical scrutiny of time and political change.

So too here: Any “test the Court adopts” for determining Fourteenth Amendment limitations on a State’s authority to define marriage ought likewise respect “a practice”— namely, the man-woman definition of marriage that was universally “accepted by the Framers” of the Fourteenth Amendment.


(All bold-faced emphasis added by me.) Back to the 19th Century.

Marsh v. Chambers, by the way is the 1983 Supreme Court decision allowing prayers at the beginning of legislative sessions, and taxpayer-funded chaplains. (a case brought regarding the Nebraska legislature). Dial-up warning:

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Slavery had a long standing tradition too ... JoePhilly May 2014 #1
You're assuming this SCOTUS gives a damn about precedent. jeff47 May 2014 #4
Actually, I haven't read the dercision, but I did some research on this at one point, and JDPriestly May 2014 #10
Unfortunately I think you are right about the precedent progree May 2014 #16
I note with hope that during the Teddy Roosevelt administration, Congress selected a couple JDPriestly May 2014 #24
Maybe. I'm an atheist -- not a single congressperson (either senator or rep) is agnostic or atheist progree May 2014 #25
"...this SCOTUS doesn't give a damn about precedent..." Spitfire of ATJ May 2014 #11
Oh, yeah ... GeorgeGist May 2014 #2
if it was a big enough deal for the supreme court to rule on it, it's a big deal spanone May 2014 #3
^This.^ blkmusclmachine May 2014 #13
Forward to the 19th century. progressoid May 2014 #5
^And this.^ blkmusclmachine May 2014 #14
What amendment addresses marriage in the US Constitution? sinkingfeeling May 2014 #6
The 14th. JDPriestly May 2014 #9
Here's their tie-in to marriage, from the document citied in the OP: progree May 2014 #15
Well then the next time someone starts a prayer at a public meeting that I attend RoccoR5955 May 2014 #7
That's a great idea! I've been wanting to do this in the town I live in. I can get all of my friends DesertDiamond May 2014 #20
Well well. Excuse me, but I'm going to give a Christian prayer progree May 2014 #22
Rancho Cordova, CA (a suburb of Sacramento) had a Pastafarian invocation before a council meeting. LeftyMom May 2014 #27
One delivered a prayer asking for guidance from whatever higher power one believes in or other than progree May 2014 #28
It's a big fucking deal DavidDvorkin May 2014 #8
+1,000. And, wait until SCOTUS rules in favor of Hobby Lobby. YIKES blkmusclmachine May 2014 #12
Never thought it was no big deal passiveporcupine May 2014 #17
SCOTUSblog mini-symposium on this jtuck004 May 2014 #18
Yup. Unfortunately there's no requirement that other religions be accomodated progree May 2014 #19
I think there are several things that could be challenged there. jtuck004 May 2014 #23
My dad was right about the Dominionists. They are determined to take over this country and run us. DesertDiamond May 2014 #21
YES YES YES they are.....read up on the beliefs of the 7 Mountain groups... VanillaRhapsody May 2014 #26
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