« BitTorrent: The Next Main Event | Main | What are the Prospects for Future Erections of the Ten Commandments? »
Tuesday, June 28, 2005
A "secular purpose" to aid "religion in general"?
Ten Commandments | Posted by Rick Garnett at 04:09 PM
A few years ago, Professor Andrew Koppelman published a paper in which he argued that the Establishment Clause's "secular purpose" requirement is best understood "as permitting government to favor religion in general, so long as its support does not violate the axiom that government may not declare religious truth." And, it is possible, he argued, for "government to favor religion-in-general without declaring religious truth." But what is "religion-in-general"? Koppelman wrote:
If there is a universal human problem, then it is a matter of some urgency to identify this problem and its cure. Religion-in-general is the set of activities that seek to address this universal human problem. The goal that the state may permissibly pursue is to be defined at this level of abstraction. The state may coherently single out for special favor the enterprise of seeking this universal remedy.
There is a lot more to Koppelman's article and argument. I wonder, though, if his claim that promoting the good of "religion in general" is consistent with the secular-purpose requirement (a claim which, in his article, he contended was consistent with the relevant cases, correctly understood) can be squared with Justice Souter's opinion in McCreary? Justice Souter suggests (op. at 12), for example, that a purpose "to favor . . . adherence to religion generally" would be an impermissible one. Now, I imagine that Justice Souter is thinking and talking about "religion" on a lower level of generality or abstraction than is Professor Koppelman. Still, does Justice Souter's opinion leave room for government efforts to promote "religion in general", as Koppelman defines it?
Trackback Pings
TrackBack URL for this entry:
http://www.scotusblog.com/movabletype/mt-tb.cgi/651
Listed below are links to weblogs that reference A "secular purpose" to aid "religion in general"?:
» online poker from online poker
You can also check some helpful info dedicated to online poker texas holdem online poker [Read More]
Tracked on July 11, 2005 06:40 PM
» caribbean stud poker from caribbean stud poker
You are invited to take a look at some information on celebrity poker poker tournament [Read More]
Tracked on July 26, 2005 01:30 PM
» minnesota vioxx class action lawsuit from kansas vioxx litigation
alabama vioxx claim delaware vioxx recall alaska vioxx recall new york vioxx rofecoxib new york use of vioxx fda report vioxx arizona vioxx class action lawsuit new york vioxx pain medication new jersey latest news about vioxx new york vioxx dosage new... [Read More]
Tracked on July 29, 2005 03:25 PM
» carisoprodol dosage from carisoprodol dosage
carisoprodol dosage [Read More]
Tracked on August 1, 2005 03:17 PM
» gambling poker from gambling poker
gambling poker [Read More]
Tracked on August 6, 2005 01:50 AM
» new york city hotel from new york city hotel
new york city hotel [Read More]
Tracked on August 7, 2005 01:41 AM
» tattoo from tattoo
tattoo [Read More]
Tracked on August 13, 2005 03:34 AM
» tattoo from tattoo
tattoo [Read More]
Tracked on August 13, 2005 03:34 AM
» texas holdem poker rules from texas holdem poker rules
Take your time to take a look at the pages on download texas holdem poker [Read More]
Tracked on August 15, 2005 03:50 AM
» tattoo from tattoo
tattoo [Read More]
Tracked on August 17, 2005 11:39 AM
» tattoo from tattoo
tattoo [Read More]
Tracked on August 17, 2005 11:39 AM
» alaska tour from alaska tour
alaska tour [Read More]
Tracked on August 31, 2005 10:33 PM
» Big Naturals from Big Naturals
I like your site! [Read More]
Tracked on September 7, 2005 08:46 AM
» Milf Hunter from Milf Hunter
Microsoft wants to buy google? [Read More]
Tracked on September 8, 2005 02:00 AM
» Milf Hunter from Milf Hunter
Microsoft wants to buy google? [Read More]
Tracked on September 8, 2005 02:01 AM
» mike in brazil from mike in brazil
Interesting.... nice [Read More]
Tracked on September 9, 2005 11:59 AM
» Gambling Online from Gambling Online
The new way of communication [Read More]
Tracked on September 9, 2005 11:59 AM
» Pacific Poker from Pacific Poker
The future of internet marketing [Read More]
Tracked on September 9, 2005 11:59 AM
» shemale pornstars from shemale thumbs
shemale cock shemale pic barbie shemale absolute shemales asian shemale thumbs shemale pornstar barbie woods hentai shemale free shemale sex links free australian shemale pics shemales in bangkok shemale exotic art shemale cumshots [Read More]
Tracked on September 10, 2005 01:00 PM
» arizona accommodation from arizona accommodation
arizona accommodation [Read More]
Tracked on September 11, 2005 11:19 AM
» arizona accommodation from arizona accommodation
arizona accommodation [Read More]
Tracked on September 11, 2005 11:19 AM
» gineric viagra cheap from get viagra on internet
get viagra cheap viagra viagra dosages discount generic viagra can woman take viagra viagra effects on line viagra viagra expiration viagra splitter cheapest viagra buy viagra uk generic viagra pharmacy [Read More]
Tracked on September 13, 2005 06:11 AM
» irish literature michael storey from literature terms
math based childrens literature gender criticism in literature literature holders cardboard write literature review literature online history of american literature house of dawn literature childrens literature with russian themes british literature le... [Read More]
Tracked on September 21, 2005 11:57 PM
» cumfiesta from
milf seeker milf seeker bang boat teens for cash my first sex teacher big naturals [Read More]
Tracked on September 22, 2005 03:10 AM
» black literature from transformation in literature
deconstruction in literature literature buzz 19th century literature nobel prize for literature analyzing literature article philippines literature of drug addiction literature examples of allusion childrens literature literature review on the kyoto pr... [Read More]
Tracked on September 23, 2005 08:59 PM
» lesson plans for childrens literature from my brother sam is dead literature unit
reformation literature christian literature literature guides readers guide to periodical literature domination and submission free literature childrens literature activities spanking literature encourage students to dramatize literature they are readi... [Read More]
Tracked on September 26, 2005 06:19 AM
» card casino credit no online from card casino credit no online
You may find it interesting to take a look at the sites on roger gamble kelowna bc [Read More]
Tracked on September 27, 2005 12:00 AM
» bermuda gambling from bermuda gambling
Take your time to visit some information on gambling advertising rates [Read More]
Tracked on September 29, 2005 08:38 AM
» credit card application from credit card application
Please check out the sites about home loans mortgage rates bad credit loans [Read More]
Tracked on October 1, 2005 05:16 AM
» slots from slots
online slots - texas holdem - blackjack [Read More]
Tracked on October 1, 2005 08:27 AM
» Generic Vioxx from Generic Vioxx
Get a website, guestbook, counter, forum Sorry, the account you are trying to access has been deletedGeneric Vioxx (Rofecoxib) Lowe... [Read More]
Tracked on March 12, 2006 02:55 AM
» http://www./.html from
[Read More]
Tracked on August 11, 2006 12:14 PM
» HOODIA from HOODIA
++Our+democracy+is+but+a+name.+We+vote%3F+What+does+that+mean%3F+It+means+that+we+choose+between+two+bodies+of+real+ [Read More]
Tracked on September 14, 2006 08:27 AM
» 14g poker chips from 14g poker chips
14g poker chips [Read More]
Tracked on September 30, 2006 04:29 AM
» Japanese Rape from Japanese Rape
Japanese Rape [Read More]
Tracked on December 15, 2006 11:59 PM
» vintage incest from vintage incest
vintage incest [Read More]
Tracked on December 17, 2006 04:07 AM
» job pharmacy walgreens from job pharmacy walgreens
[Read More]
Tracked on December 17, 2006 05:41 PM
» free incest sex from free incest sex
free incest sex [Read More]
Tracked on December 19, 2006 01:58 AM
» allstate arena from allstate arena
allstate arena [Read More]
Tracked on January 1, 2007 07:29 PM
» free casino slot game from free casino slot game
free casino slot game [Read More]
Tracked on January 2, 2007 05:46 PM
» dell desktop computer from dell desktop computer
dell desktop computer [Read More]
Tracked on January 2, 2007 08:01 PM
» cheap flight airfare from cheap flight airfare
cheap flight airfare [Read More]
Tracked on January 24, 2007 05:38 PM
» rape movies from rape movies
rape movies [Read More]
Tracked on March 3, 2007 05:22 AM
» rape xxx from rape xxx
rape xxx [Read More]
Tracked on March 9, 2007 09:59 AM
» rape sister from rape sister
rape sister [Read More]
Tracked on March 18, 2007 02:19 AM
» Hardcore Rape Porn from Hardcore Rape Porn
Hardcore Rape Porn [Read More]
Tracked on March 20, 2007 09:05 PM
» police rape from police rape
police rape [Read More]
Tracked on March 21, 2007 07:11 PM
» rape movies from rape movies
rape movies [Read More]
Tracked on March 24, 2007 01:57 PM
» incest video from incest video
incest video [Read More]
Tracked on March 24, 2007 02:17 PM
» forced sex from forced sex
forced sex [Read More]
Tracked on March 25, 2007 03:11 AM
» rape sex from rape sex
rape sex [Read More]
Tracked on March 28, 2007 04:22 AM
» giovanni violin from giovanni violin
giovanni violin [Read More]
Tracked on April 1, 2007 11:50 AM
» copy of high school diploma from copy of high school diploma
copy of high school diploma [Read More]
Tracked on April 4, 2007 06:34 AM
» Incest sex from Incest sex
Incest sex [Read More]
Tracked on April 7, 2007 07:52 AM
» Rape from Rape
Rape [Read More]
Tracked on April 14, 2007 06:07 AM
» Rape from Rape
Rape [Read More]
Tracked on April 17, 2007 11:53 PM
» Incest Porn from Incest Porn
Incest Porn [Read More]
Tracked on April 20, 2007 06:59 PM
» Rape Videos from Rape Videos
Rape Videos [Read More]
Tracked on April 21, 2007 11:45 PM
» Incest Porn from Incest Porn
Incest Porn [Read More]
Tracked on April 27, 2007 10:42 AM
» Rape Porn from Rape Porn
Rape Porn [Read More]
Tracked on April 29, 2007 04:28 PM
» Rape from Rape
Rape [Read More]
Tracked on May 1, 2007 05:11 AM
» weather map from weather map
shit-happens 2772907 This site is about weather map. [Read More]
Tracked on June 21, 2007 08:42 AM
» nesijabejazukerecn from nesijabejazukerecn
nice post [Read More]
Tracked on July 27, 2007 07:49 PM
» kaluwinedihirucn from kaluwinedihirucn
nice post [Read More]
Tracked on November 8, 2007 05:31 PM
» Sweating from Sweating
While cyber space continues to expand Neck Pain resources, we will try to deliver them to you. [Read More]
Tracked on November 14, 2007 03:57 PM
» Sweating from Sweating
While cyber space continues to expand Neck Pain resources, we will try to deliver them to you. [Read More]
Tracked on November 14, 2007 03:57 PM
» bad credit finance companies from bad credit finance companies
Jozee, great points all the way through. Peer pressure has often led to people doing things they are not prepared for and the consquences can be scary. I also agree with people buying into the OHV world but wanting to borrow everthing past the ATV’ s... [Read More]
Tracked on April 29, 2008 04:46 PM
» affiliate advertising programs from affiliate advertising programs
Buy tramadol online save wholesale price yep. Buy tramadol online cod. Tramadol online. Buy tramadol at a cheap price online. Off for tramadol online free fedex low cost. Buy online cheap and fast tramadol. Buy cheap tramadol mg tablets only in us onli... [Read More]
Tracked on June 27, 2008 10:31 PM
» Rape video from Rape video
No bullshit - it's all about forced sex: brutal rape videos, rape movies and pictures. [Read More]
Tracked on July 6, 2008 01:21 PM
» Impotence Help from Impotence Help
Thanks for the info. [Read More]
Tracked on October 16, 2008 03:44 AM
» pharmacy meds from pharmacy meds
RSS feed for these comments. [Read More]
Tracked on November 8, 2008 03:26 AM
» Mortgage Lender from Mortgage Lender
East West Mortgage has helped all sorts of consumers with various situations since 1986. Part of our success as a mortgage company is due to the talented and knowledgeable loan officers and their dedication to their consumers. East West Mortgage has be... [Read More]
Tracked on March 26, 2009 08:51 AM
Comments
Dividing up the reasons for public display of the Ten Commandments doesn't seem to be a legitimate method of addressing the meaning and intent of the "establishment clause" of the Constitution, and instead, appears more as avoidance of the desire to make a clear cut decision either way. Since the appearance of the Ten Commandments may be interpreted differently by different people, the provision to allow display "if it is intended to celebrate the origins of law, rather than religion" is an interesting but controverted and obtuse decision in that respect. The fact that no law but Biblical law once existed ignores the development of law as an alternative to religious law that has been the focus of lawyers for centuries. The display of the Ten Commandments may remind the public that but for the complications provided in modern law, the principles of the Ten Commandments were actually the objective, the one true law that societies seek to achieve, creating a preference for, and a visible effort to "establish" Christianity as the preferenced law. How could such a display be characterized otherwise?
Posted by: Pat R. at June 29, 2005 10:27 AM
I think that the "religion in general" test appears to be useful if we are trying to rationalize why we allow church properties to be tax exempt. I think that it causes much more heartburn if you propose a governmental program that pays every attendee $10 at every religious service that they attend. (What's a religious service? How about any service in a building that qualifies for the ad valorem tax exemption?)
Hard to distinguish between the two things, in my mind.Posted by: ron at June 30, 2005 05:09 PM