I agree, it's at absolute best, a sticky situation. I'm not going to get into the details of a Supreme Court debate, you can see the outcome of that if you read further along. People get pretty mad about it. I'll just go that the state could nullify and just ignore any supreme court decisions regarding this. Ultimately though, no one can say the display of the 10 Commandments is the same as declaring an official state religion. It has very limited religious connotations. It would say it goes against the first amendment if it depicted an actual religious figure from Christianity (Aka: Christ, Mary, any of the other boring ass characters in the Bible).LifeCharacter said:You'd be right, had the Supreme Court not ruled in Gitlow v. New York that the First Amendment applied to the states just as much as the federal government through the application of the Due Process Clause of the Fourteenth Amendment. So, while the legislation does have the right to put whatever they want on their front lawn, they have to make sure that doing so doesn't violate the Constitution, specifically for this case the Establishment Clause of the First Amendment.Baresark said:Also, people need to stop confusing the Federal Separation of Church and State with the states rights to put whatever their legislation wants on their front lawns. That much quoted separation only applies to the Federal Government in the need to not enforce a state (read: federal) religion, as that is basically one of the factors that lead to initial declaration of separation from Britain. A state right (read: individual states)(the verbiage confuses most, it's just poorly thought out) technically preempts federal law. So, an individual state can do stuff like that without the need to worry about Church and States separation. You may not agree with it, but it's because of that very thing that states have started to legalize Marijuana, despite the Federal Governments complaints about it.
Well the Ten Commandments also have three commandments that are specifically about religion, namely those to do with not having any gods before God, remembering the sabbath, and not taking the lord's name in vain. There's also the fact that the Ten Commandments don't need Christian symbols to be on it, because it is itself a (Judeo-)Christian symbol. I believe that, considering that the Satanist statue is planned to be put there, the arguments used to keep the monument up were based on its lack of religiosity.I also feel that while the Ten Commandments are Christian concept, they are representative of a system of laws. It's a state legislator building, they make laws, so it's not like it's something that should surprise anyone and it's certainly not an outlandish idea.. I haven't seen it but they don't have actual Christian symbols out there. No Jesus, no Mary, no Cross. People just freak out about this kind of thing. I would personally classify an image of someone's "God" of worship is not nearly the same thing.
Also, the supreme court has ruled the display of the 10 Commandments secular in a bunch of situations. But those old farts, they have also ruled it non-secular in other places, and by extension constitutionally not allowed. If it goes to the Supreme Court, they may rule it secular (as they have done a bunch of times) and then the Baphomet statue has no grounds for existence.
My biggest issue that this is not being done because Baphomet and the Satanic Temple an important part of the community and woefully under represented there, they are doing it out of spite.
The smartest thing to do would be for them to get rid of the statue. I'm all for a statue representing the Code of Hammurabi, at least it's a strict set of codified laws that don't have overt religious connotations for anyone alive today. I don't walk around offended by people's religious symbols either though, so I can't say I understand the backlash based on this. I don't personally feel that they are establishing a state religion by displaying it. And as thus, I don't feel it's falls under the confines of the first amendment. But, I'm not a justice of the Supreme Court, so what do I know.
Also: Of course they ruled it applies to states. The Bill of Rights is simply a list outlining your natural or "god given" rights. Those cannot be taken away by anyone because you are born with them and have them by virtue of the fact that you are alive. They were listed simply to show what the constitution was protecting.
Funny story: They were almost not listed at all. At the time, it was considered unnecessary for them to be listed because they are "natural rights". Basically, they felt that people inherently knew what they were so listing them was extraneous and made the Constitution look like a lesser document. I'm sure glad it didn't play out that way.