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're-v&-rE (noun)
The condition of being lost in thought; daydreaming.

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Tuesday, June 28, 2005

The Three Commandments

(Continued from Greymatter.)

The World-Herald editorial wasn't entirely off point. It was focusing largely on a local case that will be decided by the 8th Circuit now that the Supreme Court has spoken. Where it went awry, though, was when it described the Decalogue as "a useful multifaith moral standard." Two points on that:

  • (a) "Multifaith" is used *very* loosely, since the Decalogue is used by the Christian and Jewish faiths, which make up two of the dozens of world religions (there are at least 22 with more than 500,000 members). Maybe "bi-faith" would have been more appropriate.
  • (b) The Decalogue is "useful" only to its adherents. If you take a quick look at the Decalogue, the first four commandments have no legal usefulness whatsoever (they can't be translated into secular law - come on, "I am the LORD thy God"? How can you possibly square that with a secular body of law?). Three more are not specifically religious, and are even good ideas, but cannot by any stretch carry any sort of legal weight (unless you're seriously suggesting we put people in prison for failing to be nice to their parents or being jealous of someone else). The remaining three are solidly "legal" (don't murder, don't steal, don't lie), but unfortunately for the Decalogue, they aren't *specific* to this list. The same concepts were developed independently in the writings of Confucius and Justinian, among others, and were given in much greater detail in the Code of Hammurabi, which predates the Decalogue by centuries.
As for Will's piece . . . He makes the argument that the Establishment Clause should be interpreted today the way it would have been when it was written. "The court [has] evidently decided that the Establishment Clause's historical context, and the framers' intentions regarding it, are irrelevant." Not exactly "irrelevant," George. Just not put on the pedestal you want it to be. The Constitution (and by extension all of American law) is designed to be flexible; that's why we have an amendment process and a judicial system that can judge laws themselves, not just people brought before the law. By Will's reasoning, because the Founders didn't write the 13th, 15th and 19th Amendments, women shouldn't vote and minorities should still be slaves (a gross oversimplification, but it illustrates the point that the Founders' perceived intent should not be the primary criteria in interpreting the Constitution). When the Constitution was written, America was almost entirely Christian. That's not true anymore. Although the population is predominantly Christian, today there are sizeable presences of other religions, something to which the Founding Fathers had no exposure. Perhaps a better question than "What would the Founders have said then?" is "What would the Founders say today if they were a living part of our society?" Would they still insist that blacks can be slaves, women can't vote and the majority religion is allowed special treatment?

I'm not inherently opposed to religious groups expressing their ideas, even in public. I study world religions as a hobby and I've visited several churches and temples in the area (beautiful architecture, really). What raises my concern is when a religious group wants special privileges, which to me is what this entire debate is about. If a public institution is *honestly* including religious history/symbolism as part of a secular purpose (showing it as one of a number of influences on law, for example), I'm perfectly okay with it. But in the vast majority of these cases, the *intent* behind such a display is to promote a religion, to give the appearance of an endorsement of a religion or, in some cases (Roy Moore comes to mind), just to be defiant about pushing a religion onto other people. It would seem to me that a much better solution would be simply to move the monuments to private property (a church lot, for example), avoid openly antagonizing other religions and save the taxpayer money for other projects.