RE: FYI: An Interesting "See You at the Pole" Case

[Newsom Michael]

Precisely the point.  And I want to credit Tom Berg for making much the same point in a recent article.  So I criticized the Church for supporting EAA without thinking through the disadvantages that would result.  Some think that that criticism reflects a view of Catholicism that is essentially mean-spirited, that if Catholics didn’t support EAA then it meant that they were anti- this or anti- that.  That take on the matter is, of course, utterly without merit.  Why would any institution consciously decide to follow a course of action that would weaken the organization?  The only “answer” (is this a “scare quote?”) is that somehow weakening the institution is less important than advancing some other supposed goal, all the while citing no authority to support such a contention.   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Monday, November 07, 2005 11:10 PM To: religionlaw@lists.ucla.edu Subject: Re: FYI: An Interesting "See You at the Pole" Case   In a message dated 11/7/2005 3:11:57 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Catholics can’t do that. If there is a weakness to the EAA, this is probably where it lies.    The Act disadvantages students forming religious clubs in ways that are different than other types of organizations.  It does this by subjecting religious groups to the special restriction that they may only have custodial monitors (faculty or staff whose principal interest is in insuring the safety and security of propertty and persons) while other clubs can have sponsors (faculty and staff whose principal interest may well be and often is in the subject area of the club or in the service activities of the organization sponsored)).   Of course, there may be religious observances that can be organized and led by laity that are appropriate for Catholic young people.  For example, every Saturday here in the District of Columbia, a group of Catholic college students varying in number from 20 to 100 spend the morning praying the rosary on the public sidewalk in the vicinity of an abortion business.  Certainly Catholic students could organize group prayer activities including the Rosary; and they could conduct studies of Catholic teaching and thought.  In this sense, Catholic students probably are not so much disadvantaged as might otherwise seem.  True, at least from my experience and perspective, that a student Baptist group could approximate a worship service that would not be hindered by the fact that none of the students was ordained as a minister of the Gospel, while a students only service for Catholic students would not take the form of a Mass.    And you probably have in mind celebration of the Mass, and the EAA, by denying students access to outside participants on a regular, on-going basis, would seem to have a disparate impact on religious observants whose faith family reposes special spiritual authority or giftedness in a priest or minister.   Jim Henderson Senior Counsel ACLJ

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