The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
The Constitutional authority of Congress to "ordain and establish" federal courts is not a "loophole". It is a duty explicitly conferred on Congress by the Constitution. The Congressionally appointed judges in Congressionally ordained federal judicial districts "shall hold their Offices during Good Behavior".
This is Judge Fred Biery's "behavior":
A federal judge has ordered a Texas school district to prohibit public prayer at a high school graduation ceremony.
Chief U.S. District Judge Fred Biery’s order against the Medina Valley Independent School District also forbids students from using specific religious words including “prayer” and “amen.”
The ruling was in response to a lawsuit filed by Christa and Danny Schultz. Their son is among those scheduled to participate in Saturday’s graduation ceremony. The judge declared that the Schultz family and their son would “suffer irreparable harm” if anyone prayed at the ceremony.
Texas Attorney General Greg Abbott said the school district is in the process of appealing the ruling, and his office has agreed to file a brief in their support [my emphasis]
The (atheist) plantiff would suffer "irreparable harm" if he listened to a prayer?
Judge Biery should be removed simply on the basis of insanity. Do you really believe that the atheist kid would suffer "irreparable harm" by listening to a girl say a prayer in public?
Judge Biery issued a list of words that the valedictorian (a private citizen) was prohibited to speak during her speech.
This is the First Amendment:
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.
To LukeL: find the authority granted to a Federal Judge (an agent of the government) to issue a pre-emptive list of forbidden words to a private citizen? Find the authority of a Federal Judge to issue a pre-emptive list of forbidden words to anyone, including actual government workers (e.g. teachers, principals). What about "freedom of speech"? What about 'free exercise of religion"? Do you really think that a teenage girl thanking God in her graduation speech is an "Establishment of Religion"? Countless thousands of kids have mentioned God in graduation speeches throughout our nation's history: have we had countless thousands of 'Establishments of Religion'?
Why is it that you hold students and school personnel accountable for your bizarre interpretation of the Constitution, but you hold Judge Biery, a Federal official who is sworn to uphold the Constitution and who violated the Constitution with his order, harmless and exempt from redress?
This is your assertion: a kid can be arrested, fined and imprisoned (the penalties for violating a federal court order) for 'establishing' a national religion by saying a prayer at a graduation speech, but a federal judge who violates her right to free exercise of religion and her right to freedom of speech is immune from redress?
You don't seem to understand what the separation of church and state is, and why you should be a defender of it. It is a Public School event. There fore it is an instrument of the Government. Therefore it must be kept secular to protect both the state from religion, and religion from the state.
'Separation of church and state' is not in the Constitution and is not Constitutional Law. The judge is an instrument of the govenment; the kid is a private citizen. The judge violated her rights.
I suggest thinking about what you would say if a student stood up at that Graduation ceremony and called on everyone to pray in the name of Allah. Or Vishnu. Or whatever other specific deity you can name.
I would be happy to hear a student offer a Muslim (or Jewish or Buddhist or Zooastrian...) prayer. I would be happy to hear a student talk about her atheism. I like hearing other people's opinions, and I wouldn't be "irreparably harmed" at all. I'm happy to hear other peoples' beliefs, at graduations, in discussions, everywhere. I like freedom of speech, and unlike atheists, I like it for everyone, not just myself.
The best way to prevent an Establishment of Religion is to allow all people to express their views.
I believe in freedom of speech and free expression of religion, which are the best protections against religious establishment.
Judge Biery violated the student's First Amendment right to freedom of speech and free expression of religion by ordering her not to speak certain religious words. He should be held accountable for this act, just as a police officer who violates your rights is held accountable.
Judge Biery should be removed from the bench, now.
Please sign the petition to remove him.