Pubdate: Wed, 2 Jan 2008 Source: Republican-American (Waterbury, CT) Copyright: 2008 American-Republican Inc. Contact: http://www.rep-am.com/about_us/how_to_reach_us/ Website: http://www.rep-am.com/ Details: http://www.mapinc.org/media/571 Author: Laurence Cohen Note: Laurence Cohen is a public-policy analyst and syndicated columnist Bookmark: http://www.mapinc.org/spirit.htm (Spiritual or Sacramental) Bookmark: http://www.mapinc.org/pot.htm (Marijuana) JUDGES NEED TO HEAR, HEED VOICE OF GOD Most of you know God speaks to you through this column, but you may be unaware many charlatans claim God speaks to and through them as well. In fact, many of us with at least a dollop of Sunday school instruction or other religious upbringing claim, at one time or another, at least a wee bit of heavenly "inspiration." Except for judges. God never speaks to judges. That is why church-state litigation is such a mess. If only the Lord would chat with judges about the claims that come before the court in church-state cases, the legal burden on the justice system would be eased considerably, allowing the judges more time to pray for wisdom. There was Vernon Smith in Superior Court in New London, asking for a show of leniency when being sentenced in November for possession of marijuana with intent to sell. Vernon had 20 pounds of the stuff, but he professed to be a Rastafarian, a religion that claims a God-given right to light up and be cool. Judge Susan Handy, who had given Smith a suspended sentence once before, wasn't inclined to be a kind and merciful legal god this time around. She said she had "the greatest respect" for his religious faith, but the law is the law, and he was putting his family at risk by dealing drugs. Amen. Off to prison he went. Of course, Judge Handy went home that night, poured herself a good, stiff Scotch and said, "Thank God (so to speak), that case is over." You see, Judge Susan may have told a little fib in court that day. She may not actually have the greatest respect for pot-smoking Rastafarians; she is required only as a matter of law and custom to be politely ecumenical, in a First Amendment, freedom-of-religion kind of way. But the legal tradition is not always as cut-and-dry as it seemed that day in New London. American Indians for decades have had a legal exemption that allows them to use peyote in religious rituals -- a mescaline-flavored pass on the Controlled Substances Act not available to you and me. Last year, the U.S. Supreme Court sort-of-allowed a religious sect to import hallucinogenic tea into the United States, citing federal legislation that told the government to tread carefully when contemplating a curb on religious freedom, even when it conflicts with competing federal law. These kinds of cases become more complex when children are involved. The Jehovah's Witnesses, who have a long, successful legal track record of fighting off government regulation and harassment, tend to be less successful when their children are involved. The faith's prohibition on blood transfusions tends to be upheld, even when the decision might be life-threatening, when an adult makes the personal decision. But the children? As the Massachusetts Supreme Court said in one case, the child's "best interests, and the interests of the state," outweighed the "parental and religious rights." Small fundamentalist churches in the South have fought off government efforts to prohibit the handling of poisonous snakes at religious services . The courts have tended to carve out prohibitions on the snake-stuff for children and non-consenting adults, but wish the consenting true-believers godspeed and send them back to church. As a state appeals court in Tennessee explained in the 1970s: "When a party injures, or threatens injury, only to himself and does not injure or disturb the public, his activity cannot be prohibited under a nuisance rationale ..." Government is obligated to invent a "compelling interest" in enforcing laws that interfere with religious practice. What is "compelling?" What is a religious practice, as opposed to an excuse? Only God knows for sure. And He doesn't talk to judges. - --- MAP posted-by: Richard Lake