Intolerance at $400,000
We know atheists are probably the most intolerant group around. They are worse than the Taliban, insisting that everyone must follow their dictates. Now, not only have they offended the vast majority of citizens of one state but they have stuck those citizens with the tab for insulting them.
What has happened?
In Utah, the Highway Patrol and the State of Utah put crosses on the side of the road to memorialize State Troopers who have given their lives for the people of Utah.
Crosses are a culturally well-established sign of memorial. If you see a cross on the side of the road, you immediately know that someone died there.
Unfortunately for the citizens of the State of Utah, American Atheists decided they were offended that the State put up crosses to mark the spots where troopers made the ultimate sacrifice.
They sued.
The State of Utah and the Highway Patrol, to their credit, fought the lawsuit. At the trial court level, they won. Unfortunately the atheists appealed to the Tenth Circuit, which reversed the trial court decision and decided the memorial crosses on the side of the road constituted a state endorsement of religion.
Regrettably, the US Supreme Court declined to review the case.
Given the appellate court decision, Utah really had no choice. They settled the case. The plaintiffs got $1. The plaintiffs’ lawyer got $388,000 as attorney fees.
There are two outrages here. First is the lack of tolerance from the atheists. These people have one simple goal. They want to eradicate religion, period.
The more important outrage is the system that allows these legal fees.
I am a huge proponent of the Seventh Amendment. I think people should be allowed to seek justice in the court system. But there is a difference between keeping the doors to the courthouse open and subsidizing litigation.
Lawsuits like this one are brought under the civil rights statutes, which provide for attorney’s fees if the plaintiff prevails. Lawyers are not cheap to begin with and they are neither cheap nor efficient when someone else is paying the bill.
Civil rights litigation is the most abused litigation there is. Often lawsuits brought by liberal groups against cities and states are settled because of the attorney fee provisions. Even if the plaintiff is only awarded a dollar, legal fees can easily run into the hundreds of thousands of dollar or more.
We conservatives often complain about activist judges but the real problem is activist lawsuits. Judges do get to be activists when there is a suit in front of them.
The real solution for conservatives is to demand that the attorney fees section be removed from all of the civil rights statutes.
If people feel as if there is a real injury, let them sue like anyone else. In a personal injury lawsuit, the lawyer takes a cut of the recovery. In most of these activist lawsuits, the plaintiffs keep the damages demand under the $20 Constitutional threshold so that the defendants do not get a trial by jury. How many of these silly lawsuits would see the light of day if the liberal lawyer behind it were not counting on a payday from the taxpayer?
Not many I think.
Replies to This Discussion
-
Permalink Reply by Debrajoe Smith-Beatty on -
Utah is a religious state: it is a Mormon state. If the un-godly don't like it, leave Utah.
-
Permalink Reply by Iago Jones on
-
The United States is a secular nation. If the deists don't like it, leave the United States.
-
Permalink Reply by thomas walthouse on
-
The United States was founded on Judao-Christian values meaning any person can practice the religion of there choice or choose not to practice at all.This does not mean that the US is a secular nation.Part of the 1st amendment says freedom of religion not freedom from religion.
-
Permalink Reply by Raymond Greenway on -
Mormons do not uses crosses in the house of worship. So why was that not used in the courts?
-
Permalink Reply by Ronald Sorrells on -
Raymond:
What do the Mormons use ?
Ron
-
Permalink Reply by Ronald Sorrells on
-
ARE THE ATHEISTS "AGAINST" THE "MEMORIALIZING FOR OUR POLICE OFFICERS" OR WHAT SYMBOL WOULD BE MORE APPROPRIATE......SKULL & BONES???
Ron
-
Permalink Reply by Texas Proud on
-
If I was a public servant in Utah.... I would not respond to an Atheist call.... period. bunch of atheist creap.
-
Permalink Reply by Kristin Fecteau on -
Unfortunately it would also keep lawyers from helping those who truly HAVE been injured in their civil rights. I have helped many people fired from their jobs win lawsuits, and had to do it counting on winning my fees at the end, since these people had lost their jobs and did not have the money to pursue their rights. This is a tough call. Maybe there should be a cap on fees instead? There must be a happy medium somewhere.
-
Permalink Reply by James Lowell Joslin on
-
That "happy medium" could very well be looking forward to her (his) next seance...........
-
Permalink Reply by JOHN DELASAUX on
-
Thow the suit out as "frivolous".
Problem solved -- no fees.
-
Permalink Reply by Iago Jones on
-
Except that the Supreme Court agreed the suit had merit. By not hearing the case the decided the decision was appropriate and sound. Who was right and who was wrong is no longer opinion it is fact.
Also how does the State putting up religious memorials fit into the Tea Party ideal of smaller government?
-
Permalink Reply by Laura Lloyd on -
I would MUCH rather have the state putting up a cross to remind people to drive more carefully than have them taking them down so every amoral can just forget that there are any laws of Nature's God. Non-intrusive, takes no bureau, no extra tax, and may actually save a life in the future. Nothing to do with "smaller government".
© 2013 Created by Judson Phillips.
