Sunday, January 12,
2003
FREDERICKSBURG, Va. — Supreme
Court Justice Antonin Scalia complained Sunday that courts
have gone overboard in keeping God out of government.
Scalia, speaking at a religious ceremony, said
the constitutional wall between church and state has been
misinterpreted both by the Supreme Court and lower
courts.
As an example, he pointed to a ruling in
California that barred students from saying the Pledge of
Allegiance with the phrase "one nation under God."
That appeals court decision is on hold
pending further consideration by the same court, but the
Supreme Court could eventually be asked to review the
case.
Scalia, the main speaker at an event for
Religious Freedom Day, said past rulings by his own court gave
the judges in the Pledge case "some plausible support" to
reach that conclusion.
However, the justice said he believes such
decisions should be made legislatively, not by courts.
The rally-style event drew a lone
protester, who silently held a sign promoting the separation
of church and state.
"The sign back here which says `Get
religion out of government,' can be imposed on the whole
country. I have no problem with that philosophy being adopted
democratically. If the gentleman holding the sign would
persuade all of you of that, then we could eliminate `under
God' from the Pledge of Allegiance. That could be
democratically done," said Scalia.
The rest of the crowd repeatedly cheered
Scalia, whose son, Paul, is a priest at a nearby Catholic
church. The justice, also a Catholic, is a father of nine.
Several hundred people joined him in
singing "God Bless America" after a brief parade through
downtown.
"He's the voice of reason on the Supreme
Court," said Jim McFall, a retired FBI agent who organized the
Knights of Columbus parade. "His remarks were right on the
money. The pendulum has swung too far and people have said
`enough is enough.' We'll see it swing back."
Scalia used the event to repeat criticisms
that the Constitution is being liberally interpreted. "It is a
Constitution that morphs while you look at it, like
Plasticman," he said.
The Constitution says the government cannot
"establish" or promote religion, but Scalia said the framers
did not intend for God to be stripped from public life.
"That is contrary to our whole tradition,
to `in God we trust' on the coins, to (presidential)
Thanksgiving proclamations, to (congressional) chaplains, to
tax exemption for places of worship, which has always existed
in America." |