A Supreme Court case we do not need

This fall the Supreme Court of the United States will hear the case of Greece v. Galloway.  See article in Slate.com   It is a case we do not need.

At issue is whether it is Constitutional for legislative bodies to open sessions with prayer.  Since 1999, the town of Greece, New York has been opening its council meetings with prayer.  Almost everyone giving the invocation has been Christian.

This case is dangerous.  The decision of the Supreme Court could upset the balance between church and state in our society.  Not only the bottom line decision of the Court, but the language in the Court’s majority, concurring and dissenting opinions could be used in other cases to make law in the lower courts.

There are plenty of breaches in the wall of separation of church and state.

The military has chaplains who are officers.  State and Federal prisons and hospitals have chaplains, some of whom are on government salary. Colleges and universities have chaplains, who at the very least use school facilities which are supported by government funds.  

In Philadelphia, City offices close for Good Friday to accommodate a largely Christian workforce.  The public schools close for the Jewish High Holidays, because it is easier to close than find a host of substitute teachers.   

Such breaches of the wall of separation of church and state are of minimal harm.

I support separation of church and state.  I can live with Christmas trees in front of City Hall and prayers at public events.  Rather than expunge religion from public life, I want more accommodation to an individual’s religious practices.

I want to be respected at work so I can observe the Jewish holidays and the Sabbath.  

I was once ordered into Court on the Day of Atonement for a violation of probation hearing.  As I walked through the Criminal Justice Center I felt like a criminal, embarrassed to be working that day.  The judge simply didn’t get it.

I was present when a lawyer asked that his trial be adjourned an hour early on Friday, so he could get home in time for the Sabbath, which starts a few minutes before sundown.  The judge refused, telling him that under Jewish law it would be sufficient if he were on the train going home when the Sabbath began.  When did the judge become a rabbi?

I heard about a lawyer who asked that his case be recessed so he could observe the Jewish New Year.  The judge refused, claiming that his request was not made early enough.

I heard of a Judge who ordered a lawyer to begin trial on the second day of the Jewish New Year because it was not a government holiday.

I attended a bar association meeting where we discussed the case of a Muslim firefighter who insisted on keeping his beard.  The City claimed that his beard would have interfered with the effectiveness of his breathing equipment.  A person attending the meeting suggested that the Police Commissioner (who was Muslim) could be the referee.  The chief of police should not be adjudicating religious issues.

Finally, there was the case of a lawyer whose mother died during a long and heated civil trial.  He wanted a few days off so he could sit shiva.  The Judge refused.  A call from his rabbi did not help.  The lawyer was excused for the day of the funeral—only.

I hope the Supreme Court issues a narrow decision in Greece v. Galloway.  Better yet, I hope the Supreme Court dismisses the case saying it is a political decision that should be left to a legislative body, or sends it back to the lower courts for more evidence.

I don’t want a decision which could weaken anyone’s ability to observe their religion.