Both a granite monument and a hijab can easily be seen and therefore be recognized as a potential endorsement of a certain religion by the government. Isn't that perfectly obvious?
So only something easily seen violates the Constitution? OK, what do you base that opinion on, and what are the limits of "easily seen"? Do you not think the fact that a hijab is a personal ornamentation which leaves when the person wearing it leaves, while a granite monument becomes a part of the building it is placed in and cannot be moved without machinery and a great deal of effort, makes those situations different? Is the visibility of the display the only important factor, and again, what do you base such an opinion on?
Separation of Church and State in the United States - Oxford Research Encyclopedia of American History
How do I know that Van Orden v Perry says what you say it does? Are you actually disputing the concept of separation of church and state?
"Despite its inclusion in the pantheon of democratic virtues, separation of church and state did not become constitutional canon until the mid-twentieth century with incorporation of the Bill of Right to the states through the Fourteenth Amendment. In the modern Court’s first Establishment Clause holding, Everson v. Board of Education (1947), Justice Hugo Black wrote:
The “establishment of religion” clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another […] No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion […] In the words of Jefferson, the clause against establishment of religion by law was intended to erect “a wall of separation between Church and State.”
There is
zero doubt that the thing that I can prove is a Constitutionally sound principle of American secular governance
is a real actual thing. Where is your evidence it is not?
If you want to know what Van Orden v Perry says, simply look it up. That's what I did. You were clearly able to go look up other things. In Van Orden a 10 commandments monument on the grounds of the Texas State Capitol was deemed not to violate the Constitution.
I have never once argued that the concept of separation of church and state does not exist. It is your understanding of the current status of how that concept is applied I have been arguing against. That we have a separation of church and state does not mean that every (easily visible) expression of religious belief by government employees is prohibited.
Have I admitted to knowing very little about the ACLU? I don't recall that. I know about their zeal for kicking God out of the public arena based on the principle of separation of church and state.
You said you had no idea if the ACLU had ever fought to protect the rights of Christians, only that they had sued Christians. I easily found more than 20 cases in which the ACLU fought to protect the rights of Christians in just the past decade. If you don't know what kinds of cases the ACLU brings and works with, yeah, you don't know that much about them.
Certainly the ACLU has been involved in separation cases. They tend to get more media attention. That doesn't mean the organization hasn't fought for the religious freedoms of individuals of various faiths, too.
That's an Obama directive, surprise.
U.S. Army Allows Turbans, Hijabs, Beards, and Dreadlocks - The Atlantic
I think it undermines military order but using the ACLU's philosophy ANY government activity that could be construed as an endorsement of religion is illegal. Of course that's only ever been applied to
Christianity by them.
As a Supreme Court justice I would have to find that our military occupies a unique place in our government and since it does not make policy but is only a defensive force, military exemptions granted for religious purposes would not be seen as endorsement per se by our government of any religion but merely a religious expression by military personnel. But that's off the top of my head and I could easily change my mind on that issue.
What I do know is some faceless grunt does not occupy the same place in our government as a member of Congress.
Actually, there has apparently been a mechanism for religious exemption to the grooming and uniform requirements of the military since the 1980s. The article you posted says it would just become easier to apply for such an exemption, and changed rules about women's hair to allow dreadlocks. From the article you posted: "In the 1986, the Supreme Court heard a case brought by an Orthodox Jewish rabbi, Simcha Goldman, who had been forbidden by the Air Force to wear a yarmulke while on duty and in uniform. The Court deferred to the military. In response, Congress passed a rule stating that servicemen should be able to wear religious apparel."
So now we have visibility of religious expression and the particular place one holds in government as mitigating factors as to whether an expression of religion violates the Constitution. Clearly you understand that context matters; that circumstances can change whether something is a Constitutional violation. That being the case, why are you so insistent that the differences between a woman wearing a hijab and a man having a monument placed in a courthouse are meaningless? For the umpteenth time, what is it you base your opinion about that on? You've said you don't know of any relevant Supreme Court rulings, I haven't seen you post anything in the Constitution that would indicate the First Amendment separation of church and state covers only those things you claim it does, what makes you so secure in your understanding of how the separation of church and state works?
I'm more than happy to admit I'm not an expert and that I may not have a proper understanding of all the nuances of how the concept of separation is applied, but I've also done a little checking to find things like relevant court decisions about the subject. There is clearly subjective opinion either way, I just don't understand where your seemingly unshakable confidence in your opinion comes from.
