A simple metal cross placed on a remote patch of the Mohave Desert and a triangular-shaped safety devise placed on the back of a buggy might seem like unlikely partners in court.
But they reflect the growing battle surrounding the constitutional directive for separation of church and state, and both relate to cases that have made it to the bench of the Kentucky Court of Appeals and the U.S. Supreme Court.
Interestingly, the American Civil liberties Union accompanies both cases to the court and puts the ACLU on different sides of the issue.
Perhaps most important is how these cases illustrate the increasing battle surrounding Freedom of Religion v. Separation of Church and State — a battle many special interest groups seem willing to fight.
War veterans placed in a remote part of the desert in 1934 a 6.5-foot tall cross made of pipe as a memorial to those who served in the military. But the cross stands on public land. And the ACLU argues for its client that since the cross embodies a singularly Christian icon, rather than a non-denominational one, it needs to come down.
During oral arguments, Justice John Roberts wondered aloud why a case involving a cross “in the middle of nowhere” even came to the court. Justice Ruth Bader Ginsburg offered a suggestion for resolving the issue outside of the First Amendment issue: take down the cross, have the government transfer the land to a private veterans’ group and then put the cross back up.
But when it comes to the contentious issue of freedom of religion, common sense often takes a back seat to “getting a win in court” for advocates of one side or the other.
Meanwhile, a Kentucky court must rule on a law that requires the Amish to attach to the back of buggies a triangular-shaped, orange device used to make the buggies more visible during the day and to reflect light at night.
Many Amish use the reflectors, except one called the Old Order Swartzentruber Amish. Their faith prohibits the use of brightly colored materials and prohibits relying on human-made symbols to ensure safety. When members of the church got arrested for not using the required reflectors, the ACLU took up the case. The ACLU also added the First Amendment right of freedom of expression to the mix by arguing that the buggies serve as an “expression” of the church’s foundational beliefs.
Some suggest that the church members could use reflective tape — a “modest” color — to serve the same purpose and to avoid running afoul of the church’s “man-made shape” rule. No takers on that common-sense approach, so far.
Few people ever see the cross. More and more people encounter Amish buggies in Kentucky and Ohio.
What’s a First Amendment backer to do?
Resources:
- http://www.salem-news.com/articles/june032009/desert_cross_6-1-09.php
- www.courier-journal.com/article/20091009/...
- http://www.oyez.org/cases/2000-2009/2008/2008_08_472
- http://www.religioustolerance.org/amish4.htm
- http://amishamerica.typepad.com/amish_america/swartzentruber_amish/
Post new comment