Post by HighOnHotSauce on Jan 26, 2005 13:24:31 GMT -5
story.news.yahoo.com/news?tmpl=story&cid=558&ncid=703&e=10&u=/ap/20050126/ap_on_go_su_co/scalia
Scalia Sounds Off on Religious Rulings
Tue Jan 25,11:11 PM ET
By DAVID EGGERT, Associated Press Writer
ANN ARBOR, Mich. - U.S. Supreme Court (news - web sites) Justice Antonin Scalia (news - web sites) said Tuesday that judges should look to historical practices when ruling on religious issues.
Speaking at the University of Michigan, Scalia criticized judges for using what he called "abstractions" to interpret religious issues when they should be looking to the text of the Constitution itself.
"The Constitution says what it says and does not say what it does not say," he said.
Scalia's appearance was sponsored by Ave Maria School of Law, a private school in Ann Arbor backed by Domino's Pizza founder and Roman Catholic philanthropist Thomas Monaghan. Scalia also is a Catholic.
Some of the Supreme Court's biggest and most contentious cases involve religion.
When an atheist challenged the words "under God" in the Pledge of the Allegiance, the justices settled the case last year without ruling on the merits. Scalia recused himself after mentioning the case in a speech and complaining that courts are stripping God from public life.
In early March, the court will take up two cases that question the constitutionality of government displays of the Ten Commandments. Courts around the country have splintered over whether exhibits in town squares and courthouses violate the constitutional principle of separation of church and state.
Scalia Sounds Off on Religious Rulings
Tue Jan 25,11:11 PM ET
By DAVID EGGERT, Associated Press Writer
ANN ARBOR, Mich. - U.S. Supreme Court (news - web sites) Justice Antonin Scalia (news - web sites) said Tuesday that judges should look to historical practices when ruling on religious issues.
Speaking at the University of Michigan, Scalia criticized judges for using what he called "abstractions" to interpret religious issues when they should be looking to the text of the Constitution itself.
"The Constitution says what it says and does not say what it does not say," he said.
Scalia's appearance was sponsored by Ave Maria School of Law, a private school in Ann Arbor backed by Domino's Pizza founder and Roman Catholic philanthropist Thomas Monaghan. Scalia also is a Catholic.
Some of the Supreme Court's biggest and most contentious cases involve religion.
When an atheist challenged the words "under God" in the Pledge of the Allegiance, the justices settled the case last year without ruling on the merits. Scalia recused himself after mentioning the case in a speech and complaining that courts are stripping God from public life.
In early March, the court will take up two cases that question the constitutionality of government displays of the Ten Commandments. Courts around the country have splintered over whether exhibits in town squares and courthouses violate the constitutional principle of separation of church and state.
