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Pleasant Grove religious case in top court today
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That is the most convoluted reasoning I have ever heard. The fact that the government allows certain speech in public buildings, parks or other public spaces doesn't make it a public forum. The other monuments are the property of the City and became "government speech" when the city accepted them. If these courts are correct then any property that the City chooses to place in a public space makes it a public forum. That plaque on the side of the County Courthouse means that I get to place a plaque there too. The picture of the City Council in a municipal building means that it is a public forum and I get to place my picture beside theirs.
There's a difference between government speech and private speech which means that just because the government place monuments, pictures or other documents in public buildings, parks, etc does not mean that we as private individuals get the same forum.
The same holds true in reverse, public to private.
Now if only they could show us that their love actually produced something - a park, or a town, for example, then we could tell them that they were being ignorant and insensitive for wanting to actually decide what they might want to put there.
So a monument with the ten commandments becomes government speach because some pioneer donated it.
DSounds like the technicality written to get around church-state seperation just got the bluff called.
I have a stone copy of the devils creed carried by one of my pioneer ancestors. I guess that qualifies for display.
Follow the Prohpet; it's people like you that give religious zealots a bad name. This is a secular government. Keep your Jesus in your own imagination.
Proud I'm a Mormon; I have a strange feeling you're being ironic. You can't be for real.
"I think the City is on shaky ground on this one."
Actually, the City is on very firm ground and has precedence in its favor. The park acts as a public forum in the same sense that every other member of the public can access it. If one person can go to the park for a picnic so can another but if no one from the public can put a monument or other statute there without city approval no one can.
In this instance, that is where the line is drawn and the city has firm standing. The city chooses which monuments, and other displays to put in the park by a vote of its council, duly elected by its citizens. It doesn't have to give equal access to every possible monument (in the millions) by virtue of placing a single monument in the park.
That's where this group fails in its argument.
The only other argument is separation of Church and State but it has to be clear that the City endorses certain religion instead of simply recognizing its historical and cultural significance. The proposed monument doesn't meet this test and would violate the 1st amendment.
"Native Americans," remember the phrase and you might become more tolerant.
"So a monument with the ten commandments becomes government speach because some pioneer donated it."
Yes. The government took possession or control of the monument and it belongs to the government. It's important to bear in mind that the government does not have to accept every monument that is offered. Remove the issue of religion from the equation and ask does a statute of George Washington in a public park mean that every citizen has a right to place a statute of their choice in a public park?
"DSounds like the technicality written to get around church-state seperation just got the bluff called."
It's not a technicality. It's a basic premise that regulates public and private property. This is true of private malls as public forums as well.
"I have a stone copy of the devils creed carried by one of my pioneer ancestors. I guess that qualifies for display."
It does, and if the city council chooses to place it in a public park then it would be within its right to do so as long as it isn't unduly endorsing a religion. The Supreme Court has ruled that the 10 commandments can be a secular display.
Thats like bringing a knife to a gun fight.
"Demacracy - popular vote....no we have a Constitutional republic founded on Constitutional rights & Laws, not on public whim."
The Founding Fathers were very clear about what they meant by a "republic." James Madison said:
"The problem to be solved, is not what form of Government is perfect, but which of the forms is least imperfect: and here the general question must be between a republican government, in which the majority rule the minority, and a government in which a lesser number or the least number rule the majority."
Thomas Jefferson said "[Bear] always in mind that a nation ceases to be republican only when the will of the majority ceases to be the law."
"The city will win this one and the Liberal appellate courts will be sent packing again for legislating from the bench. Prediction: City by 3."
The Courts have been clear. That this isn't a simple issue. The Government does have a secular interest in recognizing history. The fact that a stone from the original Nauvoo Temple is a part of the display indicates that the park is a historical park which seeks to honor the historical founding of Utah. This group will loose.