a correction to a post from yesterday

[kber <kber@EARTHLINK.NET>]

when I mentioned "good news" about the bill on the ten commandments.
Mandating it WAS voted down.  However, an amended form of the bill did
pass.  I enclose the text before making some comments.:


HB 161 Posting of Ten Commandments in public schools.
Patron - L. Scott Lingamfelter (all patrons)    .....    notes

Summary as introduced:
Posting of Ten Commandments in public schools. Directs the Board of
Education, in consultation with the Office of the Attorney General, to
develop
guidelines regarding the posting of the Ten Commandments in the public
schools. Local school boards may authorize the posting of the Ten
Commandments in
a manner consistent with such guidelines. The Board's guidelines shall
include, but shall not be limited to, provisions that address relevant
state and federal
constitutional concerns, such as freedom of religion and speech,
separation of church and state, and federal and state judicial decisions
addressing the
permissible and appropriate display of the Ten Commandments in public
schools. The guidelines are not subject to the requirements of the
Administrative
Process Act; however, the measure incorporates a notice and public
hearing process for the development of the guidelines.

Judicial review regarding the display of the Ten Commandments in public
buildings relies on the three-pronged test articulated in Lemon v.
Kurtzman: the action
must have a secular purpose; its primary effect must be neither to
advance or inhibit religion; and the action must not foster "excessive
governmental
entanglement" with religion.

Full text:
01/09/02 House: Presented & ordered printed, prefiled 12/28/01 025976822

Status:
01/09/02 House: Presented & ordered printed, prefiled 12/28/01 025976822

01/09/02 House: Referred to Committee for Courts of Justice



I note that the American Jewish Committee has remarked that this bill is
still unconsitutional.  I would also note that Virginia is in the 4th
Judicial Circuit, probably the most Conervative in the nation (which is
why Moussaoui and Wlaker Lindh are being tried here).  Thus I would
expect that this bill would be upheld within the VCircuit, expecially as
they are hiding the intent under verbiage that they are only providing
guidelines.

The intent is --  we ae in a moral and national crisis. We need to
affirm tour roots.  Post the Ten Commandments.

That to me is still an unacceptable purpose under Lemon v Kurtzman, but
then, I used to teach government, I am not a lawyer.  It still does not
address the issues of which of the two versions in Jewwish Bible,
whether Christian or jewish enumeration, which translation, etc.

At least the delegates I know voted against it.

Aha - they have a secular purpose -  just figured it out.  If everyone
will learn the Ten Commanmdnets, SOL scores will go up.  That purpose is
secular, since SOL support is not (yet) a religion.

Have a nice day.


Ken Bernstein

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