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7/1/2022, 5:32pm

Opinion: The Supreme cult?

In a historic decision, the U.S. Supreme Court officially reversed Roe v. Wade on Friday, declaring that the constitutional right to abortion, upheld for nearly a half-century, no longer exists.

By Naomi Barbour

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Opinion: The Supreme cult?

From its inception, the Supreme Court has opened each of its sessions with the saying, “God save the United States and this honorable court.”

Why is any God being mentioned? Are the justices not upholding the same constitution that gives me freedom of religion and separation of church and state? For some quick background, The First Amendment, one of the more symbolic and litigious of the amendments, guarantees fundamental rights such as freedom of religion, speech, the press, and the right to assemble peacefully and to petition the government. The free exercise clause in the First Amendment prohibits the government from restricting religious beliefs and practices. The establishment clause of the First Amendment has been interpreted as calling for separation of church and state.

To some, this interpretation is crystal clear, yet that does not stop it from being abused. This establishment has been observed through various legal precedents and U.S. Supreme Court interpretations. The doctrine has been further reinforced through a three-part Lemon test, Lemon v. Kurtzman. The Lemon test requires that laws have a secular purpose, that their primary effect neither advances nor inhibits religion and that they do not foster “excessive government entanglement with religion.”

With a precedent like this in place, individuals might believe that the separation of church and state actually exists. When in reality, we could not be further from the truth. Carson v. Makin, another recent Supreme Court decision, effectively mandates that schools subsidize parochial education institutions at taxpayers' expense. In a six-three ruling, the justices declared that the Maine restrictions were discriminatory against religion and against religious people and ruled the law—procured from the principle of separation of church and state—null and void.

This Supreme cult is going to make sure religious freedom has precedence over civil rights. They will completely erase legal precedent in the name of religious freedom and will utterly gut protections citizens have against government overreach, guns, religious institutions, and the police. In New York State Rifle & Pistol Association, Inc. v. Bruen, Justice Clarence Thomas wrote for the majority, The Second Amendment protects “an individual’s right to carry a handgun for self-defense outside the home.” In Vega v. Tekoh, Justice Alito says suspects who are not warned about their right to remain silent cannot sue a police officer for damages under federal civil rights law. Finally, in one of their most recent decisions, the Supreme Court sided with a former high school football coach who prayed on the field immediately after games. In Kennedy v. Bremerton School District, Justice Gorsuch delivered the opinion, writing: 

"Here, a government entity sought to punish an individual for engaging in a brief, quiet, personal religious observance doubly protected by the Free Exercise and Free Speech Clauses of the First Amendment." Gorsuch continued, “And the only meaningful justification the government offered for its reprisal rested on a mistaken view that it had a duty to ferret out and suppress religious observances even as it allows comparable secular speech. The Constitution neither mandates nor tolerates that kind of discrimination."

So it seems the Supreme cult can slam the gavel when it comes to infringement of the Free Exercise and Free Speech Clauses of the First Amendment, yet why can they not do the same for the actions of unreasonable searches and seizures or cruel and unusual punishment? Because this has been a 40-year project to get justices on the highest court of the land to overturn these exact rulings. There was never care about life or justice. Our government has been hijacked by a religious cult and it is clear we must uphold the crumbling wall of church and state that is collapsing right before us. 

The monumental Dobbs v. Jackson decision means that abortion rights will be rolled back in nearly half of the states immediately, with more restrictions likely to follow. In Michigan, our Governor Gretchen Whitmer was able to extend abortion protections until November 8th, Election Day. Not only will this become a focal point in the upcoming primary elections, but in the general elections and thereafter.

This is a multi-pronged attack from the religious right and it is a fight that has only just begun. They are attempting to undermine women's rights, civil and voting rights, the government safety net, public education, and infrastructure. Not only must we vote, but most importantly only vote for progressive politicians that will fight for true justice and civil rights protection. Our vote is more critical than ever and to throw that vote away by voting corporatist or cultist is going to send us back decades.

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