Post #14396 by albaby1 on the Macroeconomic Trends and Risks board

Personal Finance Topics / Macroeconomic Trends and Risks

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Does a decision that appears to rely heavily on a religious tome (not just the bible, but any religion) have any validity? Or would it violate the separation of Church and State (i.e. make no law honoring the establishment of religion)? I would think it would appealable on those grounds.

A decision that actually relied on religious precepts as a basis for the ruling might run afoul of the Establishment Clause. However, I don't think this decision does. The legal reasoning of the majority opinion does not appear to have a religious basis, but instead is one of statutory construction. Having previously construed Alabama's wrongful death statute as covering "unborn children," the Court declined to draw a distinction between frozen embryos and any other "unborn children." The majority opinion does not appear to have cited any religious tomes or texts - only the concurring opinion written by the Chief Justice. I think it would be extremely difficult to raise that in a federal appeal.

https://static01.nyt.com/newsgraphics/documenttool...

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