Supreme Court Justices React To Boston’s Refusal To Fly The Christian Flag

Not if they allow all religions equality.

 

If ISIS said it would hurt their feelings if they couldn’t fly their flag, then the people who wear Cuba Flag lapel pins and Che T shirts would trample each other trying to raise it up the flag pole.

 

But the constitution, via the establishment clause, clearly separates religion (the church) from "groups".

 

In my mind via the establishment clause they clearly delineate the "church" from the state. There can be NO church, therefore their is no equality to be had.

 

It's silly. In my experience, Christians really don't get along with each other much less have a joint flag. Just one more thing to try and cause conflict.

 

The establishment clause doesn't permit or authorize the banning of religious speakers from public forums open to non-religious speakers. Government agents can't ban a preacher from the park while allowing a politician campaigning there or a secular group rallying for LGBT causes just because he's religious.

 

The establishment clause doesn't say there can be "NO church". It says there can't be a state church, like some countries have. America does not and will not have an "official religion" because of the establishment clause. But it can, and will continue to, permit a great many churches to exist and organize and meet and worship and participate in discussions in public spaces. The establishment clause doesn't banish religion from the public square, it just says that the government can't favor one religion over another, or no religion at all. That's a huge chunk of First Amendment jurisprudence you just don't seem to understand.

 

Separation of church and state does not mean separation of church from state.

Government is not allowed to "endorse" NOR "discriminate" against any religion. THAT is the law.

I agree with the ACLU, once Boston opened up the flag pole to other organizations and interests, they would now be discriminating against this perspective which is a violation of the Constitution.

They can not, and should not, discriminate on the basis of religion.

 

Some desire to use the Establishment Clause to validate their discrimination. If you allow one group to use the institution of government as a platform to push or support their agenda, you have to allow all groups.

 

Is there a flag we can fly just for science?

 

Sure, it's a public forum. Fly whatever flag you want.

 

I never said it banned anything. I said that the establishment clause prohibits any use of the state to promote the church

 

Thats wasn't what I was saying. Sorry of that was confused in my post

Im saying that their can be "no church" as part of the "state"

 

They should simply say they will fly the flag of any taxpaying organizations.

 

The First Amendment doesn't allow them to discriminate in this way, just as they can't ban non-tax-paying organizations from using the city parks or streets.

 

Just don’t fly the Amish flag and encourage them to riot!

 

The state isn't "promoting" it, at least not any more than it was promoting any other organization that it has allowed to use its third flagpole. They've established their third flag pole at City Hall as a public forum, and they're not allowed to discriminate based on the viewpoint of the organization that wants to make use of that public forum.

 

It should. Parasitic organizations need to be treated as what they are.

 

That would limit it to just flying the flags of corporations. Not sure you want that.

 

Yeah I’m okay with this ruling. If you have a place to put up flags then everyone can do it. Though personally I would prefer if it was more secular.

 

Personally I think government flag polls should be for government flags. The moment they start flying speciality flags issues like this arise.

Most organizations pay some type of property or business tax and all of them have filing requirement to prove their non-profit status. Religious organizations remain the sole exception.

 

There is a difference between an "organization" and a church/religion. Thats the point

 

I’m in my early 60’s and i remember it from my youth onward.

 

Not for purposes of viewpoint discrimination. The Constitution does not allow governments to say "well, you're a church/religion, so you're not allowed to participate in this public forum". THAT is the point.

 

I don't disagree with you, but Boston let that horse out of the barn a long time ago.