EDITORIAL: Warts and all, the system is ours


Let’s face some facts. The judicial system of this country might indeed be the best and most fair one in the history of civilization, but it is also undeniably flawed. The constant evolving of the law over the years has allowed some loopholes in justice, the side with the most money can often buy the better representation and we are bound by precedents that require a series of appeals and decisions to overturn.

That, or the precedent was never set in the first place, thus allowing murky waters to become even more muddled.

The issue of members of the Indian River School District School Board (IRSDSB) saying a small prayer before their meetings has resulted in litigation against the board. According to representatives of the board, a settlement figure was presented by the plaintiff in the case, and members of the IRSDSB will discuss the options.

There are definite laws in this country clarifying the need for separation of church and state, which obviously includes in that language the need for a separation of church and public schools. However, the laws in Delaware determining the legality of a school board opening a meeting with a prayer are disputed and challenged.

That, if for no other reason, is why some should like to see the case go to court.

It’s obvious that, if an individual or group sees the evidence against it and realizes chances for victory are bleak, the best and most sensible course of action is to settle out of court. When one considers that the IRSDSB is a publically-funded organization, and a loss in court could possibly result in money being steered away from the classrooms to satisfy a judgement, it is hard to justify taking the chance.

However, with both sides volleying back and forth precedents defending their claims, wouldn’t it be nice to see a definitive decision come down and settle this argument once and for all?

It would be rolling the dice for the IRSDSB to go forth and take its chances in a court of law, especially in terms of public monies and public sentiment. But it would be nice to see a set precedent in law.