Thursday, April 18, 2013

Retired Supreme Court Justice O'Connor visits SC


Issues dealing with church and state will always be among the toughest the nation's courts deal with and there's no easy test for deciding them, former U.S. Supreme Court Justice Sandra Day O'Connor said Monday.

"Religious pluralism lies at the very heart of the American political tradition and I think it remains a major concern as our country becomes ever more the home of larger and larger communities of people from widely different ethnic and religious backgrounds," the first woman appointed to the high court told a legal symposium focusing on a constitutional test she proposed in a high court ruling almost 30 years  ago.

The symposium at the Charleston School of Law was sponsored by the Charleston Law Review and the Riley Institute at Furman University.

O'Connor's endorsement test proposed that a government action can violate the First Amendment's separation of church and state if a reasonable observer sees that action as either endorsing or disapproving religion. But O'Connor, who is 83 and who retired from the court in 2006, said that there is no grand unified theory for applying to such cases. Over the years the Supreme Court has made seemingly contradictory decisions.

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