Violation of Church and State: Regarding Rep. Omar wearing religious garb on the floor of the house. Is she violating the separation of church and state?

boberic Loc: Quiet Corner, Connecticut. Ex long Islander

Regarding Rep. Omar wearing religious garb on the floor of the house. Is she violating the separation of church and state?

pendennis

boberic wrote:

Regarding Rep. Omar wearing religious garb on the floor of the house. Is she violating the separation of church and state?

In a word - No.

As to the "separation of church and state", there is none. The 1st Amendment (see below), only states that "Congress shall make no law...". In fact Congressional sessions are opened with prayer by the chaplain of either the House or Senate.

Associate Justice Hugo Black, writing for a majority in Everson v. Board of Education (in 1947), wrote that a wall of separation between church and state existed, and that it must be "high and impregnable".

He reached into the past to the contents of a rather obscure letter written by Thomas Jefferson to the Danbury (CT) Baptists in 1802, for his citation. The correspondence wasn't official, bringing doubt to its value in the law. Because of Black's opinion, the U.S. Supreme Court has been wont to change things (stare decisis).

Quote:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting 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.

Makes you wonder why voluntary prayer could ever be banned anywhere.

Frank T Loc: New York, NY

pendennis wrote:

Makes you wonder why voluntary prayer could ever be banned anywhere.

Voluntary prayer is not banned. Organized prayer is banned in public schools.
There's a difference. You're all on this woman's case about a head covering but you all are just fine with mormans wearing their magic underwear.

WNYShooter Loc: WNY

Frank T wrote:

Voluntary prayer is not banned. Organized prayer is banned in public schools.
There's a difference. You're all on this woman's case about a head covering but you all are just fine with mormans wearing their magic underwear.

Just as we are all fine with you wearing your lead lined tinfoil hat.

gorgehiker Loc: Lexington, Ky

I can't stop laughing. A conservative concerned about violation of church and state? Hilarious!

Elaine2025 Loc: Seattle, Wa

Frank T wrote:

Voluntary prayer is not banned. Organized prayer is banned in public schools.
There's a difference. You're all on this woman's case about a head covering but you all are just fine with mormans wearing their magic underwear.

Little Frankie, we are also fine with your dolls wearing underwear on the outside of their tights.

boberic Loc: Quiet Corner, Connecticut. Ex long Islander

gorgehiker wrote:

I can't stop laughing. A conservative concerned about violation of church and state? Hilarious!

I specifically stated "on the floor of the house" for a reason . When in the House she is representing the US not a religion. What she wears in private is none of any ones's business. Moreover all I did was to ask a question. I stated no opinion

pendennis

Frank T wrote:

...You're all on this woman's case about a head covering but you all are just fine with mormans (sic) wearing their magic underwear.

I wasn't on anyone's case about anything. The OP asked a question as to Representative Omar wearing a hajib on the floor of the House.

She is, in fact, protected two ways. First, she's protected by the 1st Amendment. Second, she has near absolute immunity while on the floor of the House. Not only is her speech protected, but unless she physically or verbally attacks another member, she is immune from prosecution by the courts, or sanctions by the House.

So far, there are still arguments played out in court as to what is voluntary, and what isn't.

chrisscholbe Loc: Kansas City, MO

boberic wrote:

I specifically stated "on the floor of the house" for a reason . When in the House she is representing the US not a religion. What she wears in private is none of any ones's business. Moreover all I did was to ask a question. I stated no opinion

If it is inappropriate, then should "others" remove crosses etc when entering the house floor?

Elaine2025 Loc: Seattle, Wa

chrisscholbe wrote:

If it is inappropriate, then should "others" remove crosses etc when entering the house floor?

The discussion was "head covering" not jewelry.

chrisscholbe Loc: Kansas City, MO

Elaine2025 wrote:

The discussion was "head covering" not jewelry.

The discussion was wearing religious "apparel"...which is not just clothing.

EyeSawYou

chrisscholbe wrote:

The discussion was wearing religious "apparel"...which is not just clothing.

Definition of apparel (Entry 1 of 2)
1 : personal attire : clothing of a particular kind
dressed in fine apparel
—used chiefly in U.S. English to refer to clothing that is being sold in stores
a new line of women's apparel
athletic apparel
2 : the equipment (such as sails and rigging) of a ship
3 : something that clothes or adorns
the bright apparel of spring
apparel verb
ap·par·el | \ ə-ˈper-əl , -ˈpa-rəl\
appareled or apparelled; appareling or apparelling
Definition of apparel (Entry 2 of 2)
transitive verb

1 : to put clothes on : DRESS
was formally appareled [=was wearing formal clothes]
2 : ADORN, EMBELLISH
accused of appareling the truth

Cykdelic Loc: Now outside of Chiraq & Santa Fe, NM

Frank T wrote:

Voluntary prayer is not banned. Organized prayer is banned in public schools.
There's a difference. You're all on this woman's case about a head covering but you all are just fine with mormans wearing their magic underwear.

Have you been looking under those garments again?

Elaine2025 Loc: Seattle, Wa

chrisscholbe wrote:

The discussion was wearing religious "apparel"...which is not just clothing.

Well Miss Professional Qualifications, that you love to brag about, if you are so smart and your ego needs to brag, try looking up the definition of apparel. In case you can't use a dictionary. It is clothing.

Blurryeyed Loc: NC Mountains.

boberic wrote:

Regarding Rep. Omar wearing religious garb on the floor of the house. Is she violating the separation of church and state?

NO!