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rug

(82,333 posts)
Sat Oct 6, 2012, 09:39 AM Oct 2012

Judge throws out atheists’ lawsuit over ‘Year of Bible’ resolution

Saturday, 06 October 2012 17:07
The Philadelphia Inquirer/Information Services

HARRISBURG, Pennsylvania—A federal judge has thrown out a lawsuit by an atheist group that challenged the Pennsylvania Legislature’s resolution declaring 2012 the “Year of the Bible,” but he also chastised the lawmakers for “pandering.”

In his ruling on Monday, US District Judge Christopher Conner granted the House Republicans’ motion to dismiss the lawsuit by Freedom From Religion Foundation, saying he was bound by legislative immunity.

However, he issued a strong rebuke of the Legislature’s action, which he said pushed “the Establishment Clause envelope behind the safety glass of legislative immunity” and called the resolution “exclusionary” and a “waste of legislative resources.”

“At worst,” Conner wrote, “it is premeditated pandering designed to provide a re-election sound bite for use by members of the General Assembly. At a time when the Commonwealth of Pennsylvania faces massive public policy challenges, these resources would be far better utilized in meaningful legislative efforts for the benefit [of] all of the citizens of the Commonwealth, regardless of their religious beliefs.”

http://businessmirror.com.ph/home/faith/33764-judge-throws-out-atheists-lawsuit-over-year-of-bible-resolution

21 replies = new reply since forum marked as read
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Judge throws out atheists’ lawsuit over ‘Year of Bible’ resolution (Original Post) rug Oct 2012 OP
Where in the Constitution does it give politicians immunity?? Angry Dragon Oct 2012 #1
FFRF should have asked that question before it filed suit. rug Oct 2012 #7
Not when it promotes a religion Angry Dragon Oct 2012 #8
You conflate an essentially political declaration by a legislature with a First Amendment violation. rug Oct 2012 #9
They are clearly promoting the Bible so therefore any religion Angry Dragon Oct 2012 #11
Technically, the court is right, but the judge made it clear that he personally disagreed with cbayer Oct 2012 #12
Oh, ok. I'll go with your opinion rather than the federal court's. rug Oct 2012 #17
I am glad that you are finally seeing the light Angry Dragon Oct 2012 #18
Thank you for the illumination. rug Oct 2012 #19
'Follow me and I will light your path.' sayeth the Dragon Angry Dragon Oct 2012 #20
How disappointing. One would think that the Constitution matters. cleanhippie Oct 2012 #2
Is there precedent regarding LARED Oct 2012 #3
When a secular legislative body takes up religious business, you bet there is precedence and cleanhippie Oct 2012 #10
Perhaps you missed the point LARED Oct 2012 #13
I get that, and it makes no difference. cleanhippie Oct 2012 #14
I made no argument for or against LARED Oct 2012 #15
Ahh, I see. So what is YOUR opinion on the matter? cleanhippie Oct 2012 #16
My opinion LARED Oct 2012 #21
That the legislators' vacuous speeches be not to my liking, can provide me no ground for suit: struggle4progress Oct 2012 #6
Looks to me that he had no other option except to rule this way, but he was cbayer Oct 2012 #4
Well, that was predictable: struggle4progress Oct 2012 #5
 

rug

(82,333 posts)
7. FFRF should have asked that question before it filed suit.
Sat Oct 6, 2012, 03:52 PM
Oct 2012

In any event, judicial deference to legislative acts, performed within its bona fided authority, is well entrenched under the separation of powers doctrine.

The court here concluded that this nonbinding declaration, whatever one thinks of it on its merits, is within the legislature's authority.

Angry Dragon

(36,693 posts)
8. Not when it promotes a religion
Sat Oct 6, 2012, 04:01 PM
Oct 2012

1st Amendment


Does not the Constitution also state that the people have the right of redress??
It does not state the means so I would assume they could use the courts for that means

 

rug

(82,333 posts)
9. You conflate an essentially political declaration by a legislature with a First Amendment violation.
Sat Oct 6, 2012, 04:09 PM
Oct 2012

Clearly the court disagrees with you.

Angry Dragon

(36,693 posts)
11. They are clearly promoting the Bible so therefore any religion
Sat Oct 6, 2012, 05:48 PM
Oct 2012

that uses the Bible for their religion

And the court is wrong ............

cbayer

(146,218 posts)
12. Technically, the court is right, but the judge made it clear that he personally disagreed with
Sat Oct 6, 2012, 06:28 PM
Oct 2012

his own decision.

 

LARED

(11,735 posts)
3. Is there precedent regarding
Sat Oct 6, 2012, 03:08 PM
Oct 2012

Last edited Sat Oct 6, 2012, 07:31 PM - Edit history (1)

legislative noncontroversial resolutions meeting constitutional requirements?

As I understand it a noncontroversial resolutions carry no force of law.

cleanhippie

(19,705 posts)
10. When a secular legislative body takes up religious business, you bet there is precedence and
Sat Oct 6, 2012, 05:27 PM
Oct 2012

it is anything BUT noncontroversial. But I'm sure you will hear none of it. If the circumstances were changed to a "year of the Koran" or some other non-christian "noncontroversy", your opinion would be much, much different, LaRed.

 

LARED

(11,735 posts)
13. Perhaps you missed the point
Sat Oct 6, 2012, 07:25 PM
Oct 2012

A "noncontroversial resolution" is a resolution that carries no force of law. It's a technical term It's an empty gesture by a state legislative body as far as the constitution is involved.

cleanhippie

(19,705 posts)
14. I get that, and it makes no difference.
Sun Oct 7, 2012, 12:05 AM
Oct 2012

Unless I am missing the part where you agree that this is anything but uncontroversial and unconstitutional, and well, just plain wrong. Did I miss that part of your post or were you arguing against that idea?

 

LARED

(11,735 posts)
21. My opinion
Sun Oct 7, 2012, 05:47 PM
Oct 2012

1. Politicians will continue to pander whenever, however, and forever in any way possible.

2. What the PA legislative body did was not unconstitutional.

3. Outside of a dislike of pandering I think proclaiming a "year of the bible" by the PA legislators is not a problem.

4. Opinions are not arguments.



struggle4progress

(118,297 posts)
6. That the legislators' vacuous speeches be not to my liking, can provide me no ground for suit:
Sat Oct 6, 2012, 03:46 PM
Oct 2012

for any suit needs be grounded in material issue, and should legislators require nothing noxious of me, I lack place to stand in complaint

cbayer

(146,218 posts)
4. Looks to me that he had no other option except to rule this way, but he was
Sat Oct 6, 2012, 03:09 PM
Oct 2012

clearly very unhappy about it.

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