I would be happy with any of the below.  Religion is a fact.  No amount of
handwringing or tsk-tsking will change that.  Speaking to religious
believers qua religious believers is a good thing and I am thankful that few
presidents have chosen to circumscribe their speech as some here would have
them do.

BTW, why is it wrong for Bush to ask the Pope to help him get re-elected?
They share a common goal--the end of the taking of innocent, unborn life.
The Pope intervened to end communism (or so some say).  Why should he not
intervene here?


----- Original Message ----- 
From: Steven Jamar
To: Law & Religion issues for Law Academics
Sent: Monday, June 14, 2004 1:06 PM
Subject: Re: The President and the Pope


Hmm. I wonder if the visceral response of various list members would be the
same if:

1. Bush were requesting a Saudi imam to so speak out
2. Or an Iranian Ayatollah
3. Or the Dalai Lama
4. Or the religious leader of a pro-Israeli-settlements sect
5. Or Pat Robertson
6. Or Rev. Sinkford (head of the Unitarian Universalist Association)
7. Or the Archibishop of Cantebury
8. Or a Hindu brahmin priest
9. Or the head of the Wiccans
10. Or [fill in the blank religious leader]

It seems to me that the response has largely been not to Marty's question,
but rather an illustration of the principle of the gored ox.

FWIW, I don't see anything justiciable about such an action; I don't see
anything unconstitutional about it; I do see it as a bit tacky and I am
uncomfortable with such mingling of church and state; and in my more cynical
moments I see it as a ploy to try to sway anti-abortion Catholics to vote
for Bush by use of the papacy. (Does anyone doubt that Karl Rove would think
this way about this?)

Steve

On Monday, June 14, 2004, at 12:52 PM, Marty Lederman wrote:


I don't wish to become entangled in this increasingly ad hominem debate; and
I suppose I regret starting the thread, seeing as how the question appears
to have been willfully misconstrued and turned to other ends.  But for what
it's worth, I think it should be quite obvious from my prior posts and
elsewhere that my "antennae" go neither berzerk nor "bezerk" whenever public
officials "act[] on [their] religious positions in the political square."
This case (as described in press reports, anyway -- I make no claim about
their accuracy) obviously involves something quite beyond a public official
acting in accord with his religious beliefs, no matter what one thinks of
the propriety or constitutionality of the President's conduct.


-- 
Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8567
2900 Van Ness Street NW mailto:[EMAIL PROTECTED]
Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar/

"The modern trouble is in a low capacity to believe in precepts which
restrict and restrain private interests and desires."

Walter Lippmann




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