American Atheist Attempt To Consolidate Their Established Religion Gains In Utah
A lawsuit by the American Atheists says memorial crosses - like the one near I-15 and 5600 South honoring a fallen Utah trooper - constitute a government endorsement of religion. The group says a memorial symbol should be secular. (Ryan Galbraith/The Salt Lake Tribune)
The first thing any competent lawyer should do when defending the states right to place these memorial is to challenge if American Atheist can make a claim as an injured party since they are not an injured party. They are not injured because they are not religious and the non-establishment of religion amendment is made so a religious individual does not have to support a religion that is not their own. I expect that objection to be overcome as the seventh circuit court of appeals has already decided the atheism is a religion. But this sets up future arguments.
Here is an excerpt from the c. 1786 The Virginia Act For Establishing Religious Freedom which was drafted by Thomas Jefferson in 1779 and passed by the Virginia General Assembly.
Be it therefore enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in nowise diminish, enlarge, or affect their civil capacities.
The second point a competent lawyer should make is that according to the American Atheist Interpretation the Constitution already endorses a religion and even a holy day. And since the Constitution is the high law of the land it follows that the Christian religions are the established religion of the United States. They should then introduce section 16 of the 1776 Virginia Bill of Rights, which I cite below, as interpretive evidence.
16. That religion, or the duty which we owe to our CREATOR, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity, towards each other.
The third point of defense is that the cross is recognized as a symbol of aid and morning in western civilization. This is true but if the Court has disregarded the second point then they have displayed contempt for the Constitution and their oath already so it is also a very weak point. This of course seems to be the one the state of Utah plans on using which gives me great doubt about their competency.
In this case the American Atheist are clearly using the courts in order to oppress the general populace. The can only do this with the acquiescence of the federal courts and at least 34 members of the present Senate. As citizens of the United States the question is are we going to allow the Supreme and Inferior federal courts to continue to oppress us or are we going to get radical and demand fair treatment. A petition addressed to the Senate that demands they impeach Justice Souter for perjury and religious oppression would cause the Senate to take action much like they did on the border. This is provided it had enough signers. With approximately 105 million voting in the 2000 election a significant number would be 1 to 2 million signers.