Monday, January 13, 2003
FREDERICKSBURG, Virginia (AP) --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."
--------------------------------------------------------------------------------
Copyright 2003 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Find this article at:
http://www.cnn.com/2003/LAW/01/13/scalia.ap/index.html