I think that once one is "hearing from government" offensive theological views, the Establishment Clause is fully implicated. It is prudence, and nothing else, that "legitimizes" "In God We Trust." (That's why the court had to invent an implausible standing doctrine to avoid deciding in Newdow's favor.) But I think there's a role for prudence, as against all principle all the time.
Sandy Sent from my iPhone On Jul 6, 2014, at 2:26 PM, "Volokh, Eugene" <vol...@law.ucla.edu<mailto:vol...@law.ucla.edu>> wrote: I take it that the authors of those briefs saw a law requiring someone to do something that they thought was sinful as different from a practice under which people end up hearing things from the government that they might find offensive or alienating. Eugene From: religionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Alan Brownstein Sent: Sunday, July 06, 2014 11:10 AM To: Law & Religion issues for Law Academics Subject: RE: On a different strand of the seamless web I think Chip"s and Doug's key points in their posts are worth emphasizing. Many briefs supporting the town of Greece and the Court's opinion in that case treated the religious liberty arguments of plaintiffs with complete distain. The authors of many of those briefs and the same justices who wrote the opinion upholding coercive and discriminatory prayer practices in Town of Greece insisted that the religious liberty of Hobby Lobby must be protected. As Chip suggests, a tradition, or support for a legal regime, of religious liberty for me but not for you cannot be fairly described as a commitment to religious liberty. An incidental, but not insignificant, result of this kind one-sided support for religious liberty is the burden it places on those of us who try to defend and promote religious liberty and equality for people on both sides of the culture wars. Alan _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu<mailto:Religionlaw@lists.ucla.edu> To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
_______________________________________________ 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 Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
