Rehnquist leaves religious legacy
by Brittani Lusk
LUS04002@BYUI.EDU
Scroll Staff
In Chief Justice William H. Rehnquist’s 33 years on the Supreme Court, he heard and ruled on cases that effect the religious community today.

1973—Roe v. Wade
Judge Rehnquist was one of two dissenting justices in the decision declaring a Texas law that prohibited abortion as unconstitutional. The court said unborn fetuses are not defined as “a person” under the 14th Amendment.

Rehnquist said the Court had created a new constitutional right for pregnant mothers. The decision should have been left up to the smaller governments.

1980—Godfrey v. Georgia
A Georgia man was sentenced to death after being convicted for shooting his wife and mother-in-law and assaulting his daughter.

The court ruled that the sentence was unconstitutional because the law, allowing capitol punishment if a murder was committed with assault, was too broad. Rehnquist dissented.

1985—Wallace v. Jaffree
The Supreme Court ruled that moments of silence in public schools with the specific purpose of reinstating prayer in school violated the First Amendment.

Rehnquist dissented, saying that the Constitution prohibits preference of a specific religion by the state, but not aid to religion in general.

2002—Atkins v. Virginia
The Supreme Court ruled that capital punishment of those deemed mentally retarded was unconstitutional, reasoning that most states and the public believed it to be so.

Rehnquist dissented.

2005—Roper v. Simmons
The court ruled that it is cruel and unusual punishment to sentence offenders under the age of 18 to death.

Rehnquist dissented, saying the Supreme Court proclaimed itself arbitrator of the nation’s moral standards.

Source: www.supremecourtus.gov and David Peck