Humanists Decry Attempt to Strip
Court's Authority
July 20, 2006
For Immediate Release
Contact: Roy Speckhardt, (202) 238-9088 or (703) 314-7008
rspeckhardt@americanhumanist.org
- www.americanhumanist.org
(Washington, D.C.) Yesterday the House of Representatives passed the Pledge Protection Act of 2005. This would prevent all federal courts from hearing cases challenging or interpreting rights granted by the First Amendment as they relate to Pledge of Allegiance cases. The act must now be sent to the Senate for a vote, before the President can sign it into law.
“Our courts have come under fire by those on the Religious Right who are irritated that certain aspects of their sectarian vision of America are ruled unconstitutional,” declared Mel Lipman, President of the American Humanist Association. “Their response is this drastic and ill-advised act, which compromises long held American legal principles of due process and separation of powers by shutting the federal courthouse doors to large numbers of Americans.”
Federal courts are uniquely prepared to interpret federal constitutional concerns and to serve as a check on the constitutionality of Congressional and Executive actions. Constitutional concerns about separation of powers are raised when an attempt is made to block the courts from reviewing and interpreting the constitutionality of a single act.
Also a constitutional lawyer, Lipman added, “The passage of this legislation sets a dangerous precedent. The erosion of judicial independence paves the way to preventing federal judges from ruling on other controversial social issues from abortion and gun control to school vouchers and school prayer. Attempts by Congress to strip the judiciary of their power to review legislation are inequitable and will open the door to more of the same.”
“This bill is disturbing in that it undermines American citizens, in this case those of a minority faith or no religion, the right to access federal courts to challenge a piece of legislation,” continued Lipman. “This is unacceptable to religious and Humanist minorities who have a due process right to have their cases heard.”
