Title: Re: Huntington in WSJ re "Under God"

I take his point to be simply that religious outsiders may feel like outsiders because they are outsiders.  A pretty uncontroversial point as far as it goes, if not often said in polite company.  More interesting is the tacit corollary, a challenge to the conventional legal wisdom that a chief function of the EC is to make outsiders feel like insiders.

Richard Menard
Sidley Austin Brown & Wood
202-736-8016 (office)
202-246-7408 (mobile)


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Sent: Wed Jun 16 16:59:15 2004
Subject: Re: Huntington in WSJ re "Under God"

An odd piece. The author doesn't distinguish between being a minority and
being an outsider. He doesn't distinguish between the experience of
difference that arises when private individuals and institutions espouse
beliefs and engage in practices that do not parallel one's own beliefs and
practices and the experience of having the government explicitly endorse
those differences. He doesn't distinguish between being a visitor or guest
and being a an equal member of a community.  And he doesn't distinguish
between is and ought -- the fact of religious demographics and normative or
legal questions regarding how a society committed to liberty and equality
should take account of those demographic differences.

Most of the points Huntington makes were made decades ago by commentators
responding to the school prayer decisions in the Sixties.

Alan Brownstein
UC Davis




At 01:03 PM 6/16/2004 -0400, you wrote:
>Long op-ed of likely interest to list members:
http://www.opinionjournal.com/editorial/?id=110005223
>
>
>Sent from the BlackBerry Wireless Handheld of:
>
>Anthony R. Picarello, Jr.
>Vice President & General Counsel
>The Becket Fund for Religious Liberty
>1350 Connecticut Avenue, NW, Suite 605
>Washington, DC 20036-1735
>Phone:  (202) 955-0095
>Fax:  (202) 955-0090
>
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