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Old 05-08-2014, 01:25 PM
Danzig Danzig is offline
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http://www.slate.com/articles/news_a...es_should.html

As several others have pointed out, there is something strangely familiar about this argument in Town of Greece. Before it rejected racial segregation in Brown, the Supreme Court once said that if racial minorities interpreted a state’s policy of “separate but equal” as imposing a stigma upon them, “it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.” Similarly, albeit in a very different context, the majority today says that if you respond to sectarian legislative prayer—indeed, to a systematic practice of state support for the majority’s religious beliefs—by saying that you have been separated out or excluded, you have made the wrong “interpretive choice”—you have chosen “to put that construction upon it.”
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