Kumbaya Judge Wells, Kumbaya, Riverside Superior Court violates first amendment establishment clause.

Folks there is a situation in the Riverside Superior Court, Department 2 J, where a preacher is part of the judiciary and represents the Court.

So there are sermons, every morning, in Department 2 J, as Judge Wells absolutely HAS to preach, as he was a preacher for 20 years and still is a preacher on Sundays at the Church of Christ. No other Department coerces and forces litigants and their attorneys to listen to a speech, just Dale Wells of Department 2 J. So folks the Court is actually violating the first amendment establishment clause.

There are rulings based on his faith which color his law rulings with which are based on “belief”.

The Supreme Court, in its ten commandment ruling, MCCREARY COUNTY V. AMERICAN CIVIL LIBERTIESUNION OF KY. (03-1693) 545 U.S. 844 (2005),  354 F.3d 438,  has already ruled on allowing religious practices in a Court and has specified that the separation of church and state exists and that discrimination of one religious practice over another violates the first amendment establishment clause.

Other Supreme Court cases have followed the same pattern.

Torcaso v. Watkins, 367 U.S. 488 (1961)

Court holds that the state of Maryland cannot require applicants for public office to swear that they believed in the existence of God. The court unanimously rules that a religious test violates the Establishment Clause.

Engel v. Vitale, 82 S. Ct. 1261 (1962)

Any kind of prayer, composed by public school districts, even nondenominational prayer, is unconstitutional government sponsorship of religion.

Abington School District v. Schempp, 374 U.S. 203 (1963)

Court finds Bible reading over school intercom unconstitutional and Murray v. Curlett, 374 U.S. 203 (1963) – Court finds forcing a child to participate in Bible reading and prayer unconstitutional.

Lemon v. Kurtzman, 91 S. Ct. 2105 (1971)

Established the three part test for determining if an action of government violates First Amendment’s separation of church and state:
1) the government action must have a secular purpose;
2) its primary purpose must not be to inhibit or to advance religion;
3) there must be no excessive entanglement between government and religion.

Stone v. Graham, 449 U.S. 39 (1980)

Court finds posting of the Ten Commandments in schools unconstitutional.

Wallace v. Jaffree, 105 S. Ct. 2479 (1985)

State’s moment of silence at public school statue is unconstitutional where legislative record reveals that motivation for statute was the encouragement of prayer. Court majority silent on whether “pure” moment of silence scheme, with no bias in favor of prayer or any other mental process, would be constitutional.

Edwards v. Aquillard, 107 S. Ct. 2573 (1987)

Unconstitutional for state to require teaching of “creation science” in all instances in which evolution is taught. Statute had a clear religious motivation.

Allegheny County v. ACLU, 492 U.S. 573 (1989)

Court finds that a nativity scene displayed inside a government building violates the Establishment Clause.

Lee v. Weisman, 112 S. Ct. 2649 (1992)

Unconstitutional for a school district to provide any clergy to perform nondenominational prayer at elementary or secondary school graduation. It involves government sponsorship of worship. Court majority was particularly concerned about psychological coercion to which children, as opposed to adults, would be subjected, by having prayers that may violate their beliefs recited at their graduation ceremonies.

Judge Dale Wells religious stance and background has been revealed in an interview that he provided to the Riverside Bar Association in 2004. Excerpts of the interview have been included in this article.

Basically folks, it boils down to the fact that litigants and their attorneys have the first amendment right to walk out on Judge Wells speech.

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