I think Steve is right that there is probably no 1A religious liberty issue (certainly no EC issue) or free speech (compelled spech) issue so long as the requirement is that the banner be posted in the classroom as opposed to requiring the teachers to do the posting themselves or to somehow associate themselves with the display and its message. The classroom is the property of the school, not the teacher.The solution is probably for school authorities to post the display themselves (e.g., require janitors to put it up), rather than require dissenting teachers to do it.
What if a teacher walks into class, sees the display, and states that he does not agree with its posting in his classroom. May the school discipline him for merely making it clear that the display is the message of the school board as opposed to that of the teacher himself?
Could a public school require dissenting teachers to post a!
pink
triangle in their offices or wear a pink triangle pin on their clothing? Now we are getting closer to a serious 1A issue.
I also think there is a non-constitutional religious liberty policy issue when teachers are required to teach under a banner that violates their sincerely held religious beliefs?
Rick
Steve Sanders <[EMAIL PROTECTED]> wrote:
Steve Sanders <[EMAIL PROTECTED]> wrote:
Does someone think there is a (serious) religious liberty argument
available to the teachers here? From what we have here, there appears
to be nothing at all religious about the message and policy the school
board has decided to pursue; it is a secular message about diversity.
There is nothing inherently religious about homosexuality per se (just
as there is nothing inherently religious about pork -- would an
orthodox Jew who refused to post the school lunchroom menu in her
classroom because it included pork products have a valid religious
liberty claim?). It is only a religious issue to the extent that
teachers who object to gay people based on their personal religious
beliefs choose to characterize it as one.
Cf. a PR campaign to embrace religious diversity among students,
something that sent the message that all student religious backgrounds
are viewed by the school as equal and accepted. Would the teachers
have an argument against that as well?
Steve Sanders
Quoting Rick Duncan <[EMAIL PROTECTED]>:
> I don't know if this report is accurate or not, but here is an excerpt:
>
> A holy war over homosexuality has erupted on the campus of a San
> Francisco Bay area high school, as five teachers are refusing orders
> to display a pro-"gay" banner because of their religious beliefs.
! > The rainbow-flag poster with pink triangles and other symbols of
> homosexual pride carries the message, "This is a safe place to be who
> you are. This sign affirms that support and resources are available
> for you in this school." The banner, designed by the Gay-Straight
> Alliance at San Leandro High School south of Oakland, Calif., was
> ordered by the school board in December to be posted in all
> classrooms. "This is not about religion, sex or a belief system,''
> district Superintendent Christine Lim, who initiated the policy, told
> the San Francisco Chronicle. "This is about educators making sure our
> schools are safe for our children, regardless of their sexual
> orientation."
>
>
>
> Rick Duncan
> Welpton Professor of Law
> University of Nebraska College of Law
> Lincoln, NE 68583-0902
>
>
> "When the Round Table is broken every man must! follow either Galahad
> or Mordred: middle things are gone." C.S.Lewis, Grand Miracle
>
> "I will not be pushed, filed, stamped, indexed, briefed, debriefed,
> or numbered." --The Prisoner
>
>
>
> ---------------------------------
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_________________________________
Steve Sanders
E-mail: [EMAIL PROTECTED]
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Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle
"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner
Do you Yahoo!?
With a free 1 GB, there's more in store with Yahoo! Mail.
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
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