I had written: "In overturning the very unfortunate Gobitis case, in 1943, Justice Jackson wrote as follows:
>
> If there is any fixed star in our constitutional constellation,
> it is that no official, high or petty, can prescribe
> what shall be orthodox in politics, nationalism, religion .
> or other matters of opinion... .
>
> That statement, to me, is what c-s separation is all about.
David Campbell replied: "An obvious problem is that he is prescribing what shall be orthodox with that statement."
For the life of me, I do not understand your comment. Do you understand the Gobitis case? It is fascinating.
Billy Gobatas, (spelling correct; the case name was misspelled) wished to not be required by his school district to recite the DOI. His reasons, admirably expressed for an 8 year old boy in his original letter (copy on my web site, along with other case material) were that he saw the pledge as worship of another god -- in this case, the U.S.A.
In the tension of the times (just prior to WW2), SCOTUS decided that Billy was required to say the pledge, regardless of his personal religious beliefs. But by 1944 SCOTUS was aware they had made a horrendous error in that decision, and, when the opportunity arose, they reversed themselves. It was then that Jackson wrote those immortal words, ones I have always regarded as akin to some of Washington and Lincoln's remarks.
?????
Burgy (John Burgeson)
www.burgy.50megs.com/morse.htm (Review of the accursed life of Samuel F. B. Morse)
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Received on Mon Feb 21 17:44:27 2005
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