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Thursday, March 06, 2008

CUMBERLANDS TO SCOTUS?

News just came out Judge Crittenden struck down the appropriation to Cumberlands College, based on Kentucky's notorious Blaine Amendment, Sect. 189 of the state constitution.

Blaine Amendments are noxious relics of the 19th Century meant to discriminate against Catholic schools, while public instruction favored some mainstream Protestant denominations.

Now of course, all public school prayer and instruction is verboten, and religious folks of all stripes would like the option of sending their kids to the school of their choice.

Blaine amendments would seem to be totally unacceptable religious discrimination under the US Constitution, as they say it's okay for public money to go to private schools, but just not one's with a religious connection.

The SCOTUS has had the chance to strike down the Blaines before in cases such as Locke v. Davey in 2004 but has instead avoided the issue. Cumberlands, though, is such a direct attack on religion, it may go a long way in the upper courts.

With the anti-religious Sandy O'Conner gone, I think the time may be ripe for a challenge to the Blaines, and Cumberlands may be just the vehicle to reach the highest court in the land. Wouldn't it be something if David Williams himself presented the oral argument at the Supremes?

2 Comments:

Anonymous Anonymous said...

Nice headline.

Thanks for the new comments policy.

Tim Couch

4:19 PM  
Blogger KYJurisDoctor said...

You are welcome, Tim. Nice publicity with the "no anonymity" bill.

10:37 PM  

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