Via Ron Lindsay on Twitter, I’m reading Scalia’s dissent (joined by Thomas) in a case decided today, ELMBROOK SCHOOL DISTRICT v. JOHN DOE. It starts on page 10.
Some there are—many, perhaps—who are offended by public displays of religion. Religion, they believe, is a personal matter; if it must be given external manifestation, that should not occur in public places where others may be offended. I can understand that attitude: It parallels my own toward the playing in public of rock music or Stravinsky.
He sounds like a Twitter harasser. That’s the kind of person who trivializes objections to sexist or racist taunting into merely being “offended.” That’s childish. It’s not that we’re merely “offended” by public displays of religion and it’s not comparable to disliking a brand of music. Music doesn’t try to tell us all what to do! If it did try it would fail. Scalia’s wording is an insulting trivialization.
My own aversion cannot be imposed by law because of the First Amendment. See Ward v. Rock Against Racism, 491 U. S. 781, 790 (1989); Erznoznik v. Jacksonville, 422 U. S. 205, 210–211 (1975). Certain of this Court’s cases, however, have allowed the aversion to religious displays tobe enforced directly through the First Amendment, at least in public facilities and with respect to public ceremonies—this despite the fact that the First Amendment explicitly favors religion and is, so to speak, agnostic about music.
The First Amendment explicitly favors religion? He must mean the free exercise clause, which protects religion as opposed to favoring it, and also follows upon an explicit banning of the establishment of religion – so it doesn’t really “favor” it does it.
Moving ahead to page 14 –
It is perhaps the job of school officials to prevent hurt feelings at school events. But that is decidedly not the job of the Constitution. It may well be, as then-Chief JudgeEasterbrook suggested, that the decision of the Elmbrook School District to hold graduations under a Latin crossin a Christian church was “unwise” and “offensive.” 687 F. 3d, at 869 (dissenting opinion). But Town of Greece makes manifest that an establishment of religion it was not.
So we get to force religion on you from now on whether you like it or not so ha!