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Public Artwork Violates Court Ruling

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* On a wall in Santa Ana’s Flower Street Park, there is a depiction of the Virgin of Guadalupe. This being public property, the depiction is in violation of the Supreme Court’s ruling regarding the “separation of church and state.” The depiction must be removed. To leave one symbol of a given religion on public property while others are banned is to elevate one religion above another, which is exactly what the First Amendment was intended to prevent.

To put things into perspective, on a wall in Santa Ana’s El Paseo pedestrian mall, there is also a depiction of the Virgin of Guadalupe. (A nice piece of tile work and an attractive spot it is too.) This wall is private property, and the Supreme Court’s ruling does not apply. In this spot, the depiction can stay.

Because the First Amendment was intended to ensure separation of church and state and not the separation of religion from state, I would have been happier had the Supreme Court’s ruling been along these lines: During appropriate holidays of a given religion, that religion has a right to display its symbols on public property. This would have continued the tradition of Nativity scenes and would have extended the same privilege to Judaism, Islam, Buddhism, Hinduism, Zoroastrianism and American Indians, among others. The ruling should also have said that prayer in schools on solemn occasions, such as graduations, is OK if ministers of different faiths give the benediction and the invocation and if, over time, all faiths within the community are offered the chance to participate. This would prevent the establishment of a given religion without abridging the right to free expression of religion.

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Instead, the Supreme Court decided to go to an extreme, and we are left with that ruling. Therefore, the city of Santa Ana must comply with that ruling and must remove the depiction of the Virgin of Guadalupe to be in compliance with the Supreme Court’s ruling. Or the city of Santa Ana must permit displays by other religions in defiance of the Supreme Court’s ruling. To leave the Virgin of Guadalupe while banning symbols of other religions is not fair and just.

JUANITA MATASSA

Santa Ana

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