QUOTE (Udmas @ Nov 2 2005, 06:06 PM)
Answer--No
Question,
What are your thoughts on the first amendment, specifically pertaining to religion?
That's a good question for 2 reasons.
1) I'd like to hear his "interpretation" on the subject in general.
2) More importantly, how he answers that will tell you immediately if he's going to be straight forward with his other answers. After all it's only 16 words.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"
It doesn't leave much room for interpretation in my book. From what I've read about him so far I expect a short but direct response without addressing the "seperation of church and state" argument, which works just fine for me. After all, the constitution doesn't address it either.
Here's how he ruled on two cases.
QUOTE
Religious expression
Does a police-department policy barring officers from wearing beards violate the free-exercise clause of the First Amendment? More specifically, does the First Amendment bar a police department from firing two Muslim officers who refused to shave their beards for religious reasons? That was the issue raised in Fraternal Order of Police v. City of Newark (1999). The court, in an opinion authored by Alito, concluded that such laws violated the free-exercise clause.
The Newark, N.J., police policy granted exemptions for medical reasons, though denied them for religious ones. The 3rd Circuit held that the police department had no serious reason for not allowing a religious exemption. “Because the Department makes exemptions from its policy for secular reasons and has not offered any substantial justification for refusing to provide similar treatment for officers who are required to wear beards for religious reasons,” wrote Alito, “we conclude that the Department's policy violates the First Amendment.”
Distinguishing the Supreme Court’s holding in Employment Division v. Smith (1988), which limited free-exercise rights, Judge Alito declared: “We conclude that the Department's decision to provide medical exemptions while refusing religious exemptions is sufficiently suggestive of discriminatory intent so as to trigger heightened scrutiny.” In that respect, he concluded that “neither the police departments interest in a ‘monolithic, highly disciplined force,’ or its need to provide a "public sense of security in having readily identifiable and trusted public servants,” were sufficiently compelling to justify a policy that effectively suppressed “manifestations of the religious diversity that the First Amendment safeguards.”
Alito's protectiveness of religious expression has held whether viewed through the prism of the free-exercise clause or the free-speech clause. In an en banc dissenting opinion in C.H. v. Oliva (3rd Cir., 2000), he chastised his colleagues for “duck[ing] the issue” and not addressing the underlying First Amendment issues in the alleged censorship of a kindergartener’s Thanksgiving poster because of its religious content. While the majority said the complaint was inadequate and needed to be amended, Alito opined that the complaint adequately stated a claim for viewpoint discrimination. “It follows that public school authorities may not discriminate against student speech based on its religious content if the discrimination cannot pass strict scrutiny,” he wrote. “School officials are not permitted to discriminate against student expression simply because of its religious character.”
I would have ruled the same on both.
That last one is good news because it appears that while at least some, if not all, the other judges in effect avoided ruling on a controversial issue directly because of a technicality in the wording of the complaint, he didn't. I like that.
I mean give me a break, it's was a kindergartener's poster for God's sake. Pun intended.