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An Unresponsive Judiciary?
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The American court system has not been a hospitable place for the views of religious conservatives. Rulings on school prayer [Engel vs. Vitale (1962) and Abington vs. Shempp (1963)] and the Bible in classrooms in the 1960s started what has been seen by many as an attempt to expunge God from the classroom entirely. While the court decisions on prayer are seen as troubling, it was Roe Vs. Wade (1973) that convinced religious conservatives the Supreme Court would be a future battlefield.
This article provides an excellent overview of the High Court's rulings regarding religion in addition to the trouble they've had defining the term 'religion' itself.The Imperial Judiciary: Placing Justice Back in America's Courts (The American Center for Law and Justice)
This November '96 issue of First Things created quite a stir when it came out. The articles contained herein question the judgment and even validity of an "imperial judiciary" that makes decisions many view as intolerable or even immoral. This particular issue symbolizes for many the official split between the theological and political conservatives. Why not take a peek?
After a rancorous month, and the resignation of several members of the journal's board, First Things continued their discussion with more opinions. Why stop the fun now?