Is this contrary to separation of church and state?

Question

I was driving home awhile ago and my headlights caught the reflective ensign/emblem of a sheriff deputy's car parked in a church parking lot. If I had of been speeding (I was actually doing 47 in a 45, so, no problem), and had been pulled over, could I have used that as an argument?
With crazy liberal judges, how can you ever be sure of what they (employees of the state) are doing that is 'unconstitutional'?
Did you know that it is now legal and not only legal but demanded, contrary to the US Constitution to prohibit 'some students free exercise of their first amendment rights? The ACLU sees to that!

Answer 1

Well first things first... technically the "separation of church and state" is not a constitutional issue. The constitution prohibits the formation of a state religion and allows worship of the religion of choice. Separation of church and state is a Supreme Court ruling, not a constitutional provision. So a police officer in a church parking lot would not be unconstitutional.

Now for a legal tidbit... most states describe driveways, parking lots and sidewalks as "public-private". Meaning the property is privately owned but the public may access it for reasonable use. (I'm sure most of the lawyers onboard will jump all over my oversimplification of this and probably give a better definition.) So unless the parking lot is posted as off limits except to members of the church or for those with business with the church then he may access the parking lot like any other citizen may.

Answer 2

Because the laws are pretty straight forward, when people actually bother to read them in context. The problem is, too many people form their opinions and make blantant guesses without ever bothing to read the laws or the court opinions. The rules for Criminal Procedure have been pretty well hashed out, and not a lot changes.

As far as your church and state argument, you obviously haven't bothered to reach the cases that define the rules. Because that's an analysis that any first year law student can do in their sleep.

The police are not mandating church activity, and religious codes are not being enacted as secular laws. The officer is simply parked there, which neither endorses nor prohibits religion. No entanglement, hence no 1st Amendment violation.

That's been the analysis for about 35 years. So, if you don't know it, it means you never bothered to check.

Answer 3

I suggest that people get a copy of the constitution and read it. the separation of church and state is a big lie. What the constitution says is "Congress shall make no law regarding an establishment of religion, or preventing the free exercise thereof; or abridging the freedom of speech; or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
The definition of regarding is: with regard to, respecting; concerning, [1785-95]

Using this definition (this is the only definition I could find) of the word regarding, the constitution clearly states that congress should make no laws whatsoever in relation to religion. They may not tell us what religion to practice or what religion not to practice. It can not be banned from our schools nor can we be punished for performing whatever religious rights or sacraments we choose.

The lie of separation of church and state is the foundation upon which many of today's laws are based. Overturn that one fallacy and the entire house of cards comes tumbling down. It is time we took control of our government people. The founding fathers of this nation put a great many safeguards in place and we as a whole have neglected our duty of maintaining those safeguards by allowing a bunch of shysters and thieves to handle the business of our country for far too long. George Washington and the rest of the signers of the Declaration of Independence as well as the entire Continental Congress would be deeply ashamed of what we have allowed this once great nation to become.

Answer 4

Separation of Church and State was from a letter written by Thomas Jefferson. It was the Supreme Court that linked the letter to the 1st Ammendment. Funny how while Thomas Jefferson was president the Bible was a standard school textbook.

So...the "separation" we have now is not what it was originally meant to be.

As far as the ACLU, well they just go overboard.

Answer 5

I'm not sure you fully understand what the ACLU does..

American Civil Liberties Union

The American system of government is founded on two counterbalancing principles: that the majority of the people governs, through democratically elected representatives; and that the power even of a democratic majority must be limited, to ensure individual rights.

Majority power is limited by the Constitution's Bill of Rights, which consists of the original ten amendments ratified in 1791, plus the three post-Civil War amendments (the 13th, 14th and 15th) and the 19th Amendment (women's suffrage), adopted in 1920.

The mission of the ACLU is to preserve all of these protections and guarantees:

Your First Amendment rights-freedom of speech, association and assembly. Freedom of the press, and freedom of religion supported by the strict separation of church and state.

Your right to equal protection under the law - equal treatment regardless of race, sex, religion or national origin.

Your right to due process - fair treatment by the government whenever the loss of your liberty or property is at stake.

Your right to privacy - freedom from unwarranted government intrusion into your personal and private affairs.
We work also to extend rights to segments of our population that have traditionally been denied their rights, including Native Americans and other people of color; lesbians, gay men, bisexuals and transgendered people; women; mental-health patients; prisoners; people with disabilities; and the poor.

If the rights of society's most vulnerable members are denied, everybody's rights are imperiled.

Answer 6

Come on, you can't be serious! Why do so many people, mostly religious republicans, act like they don't get the law (maybe they really don't)? It's really easy, the government can't prohibit, create or endorse religion. That's because we are not a christian or Jewish or Muslim nation. Regardless of the religion of our founders, they were clearly not creating a christian nation, that can not be debated.

Your question is silly.

The answer is: of course not.

Answer 7

I understand your point. The "separation of chuch and state" has gotten so out of control. The people truly being punished by it are the people with the same belief system as our founding fathers. God forbid my child should bow her head and say a prayer before she eats her lunch! But the Muslims get a special room to perform their riligous rituals. Unbelieveable!

Answer 8

When the nice policeman would have pulled out of the parking lot to stop you there would have been that separation. All you would do with that excuse would either irritate the judge and he'd fine you more, or make him laugh and just fine you.

Answer 9

The cop car wouldn't be allowed there. I once read a sign at a church parking lot that read "parishoner parking only, trespassers will be baptised."

Answer 10

Churches do get police protection and in turn police can and do enter church parking lots. I have several churches on my night check list that I patrol.