I would suggest you reread Madison's remonstrance on Religious freedom;
one of the clear motivating factors for the establishment clause was to
preclude the possibility that people would have to pay for other
people's religion. That was what was going on in Va and that, quite
frankly, is what the voucher system is all about; when tax money ends
up in a religious school, it means that taxpayers of one faith are
forced to support the religious schools of someone else. Madison
understood how deeply wrong, dangerous, and offensive that was. I am
surprised that you and Rick don't see this.
Paul Finkelman
Pybas, Kevin M wrote:
All of the comments are helpful, but let me raise another question that is akin to the one Rick raised. He asked
whether, why, and / or how these motivations, or the
undesirability of such strife should be used to supply the
Establishment Clause's enforceable content.
WIth regard to neutral aid programs (as the Court characterizes them), is it really religious strife that worries us? In other words, in the context of the modern administrative state, are the conflicts over the funding of education, for example, whether it be vouchers or the type of aid at issue in Mitchell, really about religion, or religiously-motivated in any sense? In other words, how do we tell the difference between religously-motivated political strife and ordinary political disagreements (I understand that the word "ordinary" may not he all that helpful, but hopefully you see what I mean.)
________________________________
From: [EMAIL PROTECTED] on behalf of Paul Finkelman
Sent: Wed 8/3/2005 5:08 PM
To: Law & Religion issues for Law Academics
Subject: Re: religiously-motivated political strife
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Paul Finkelman
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University of Tulsa College of Law
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