Re: Establishment Clause, equal access, and confusion

2011-08-15 Thread Marty Lederman
And how would the school explain to six-year-old students why the school is open to such uses only on Sundays; and why, just coincidently, the overwhelmingly predominant uses of the school are for Christian religious services? Don't get me wrong -- this doesn't mean that I necessary think there

Re: Establishment Clause, equal access, and confusion

2011-08-15 Thread Hamilton02
The 2d Cir does not disagree with the equal access point, but rather says that the School Dist is prohibiting an activity, not expression per se. In fact, prayer, religious instruction, expression of devotion to God, and the singing of hymns are not prohibited. What is excluded is

RE: Establishment Clause, equal access, and confusion

2011-08-15 Thread Douglas Laycock
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com Sent: Monday, August 15, 2011 1:18 PM To: religionlaw@lists.ucla.edu Subject: Re: Establishment Clause, equal access, and confusion The 2d Cir does not disagree with the equal access point, but rather says

Re: Establishment Clause, equal access, and confusion

2011-08-15 Thread Hamilton02
I could have sworn Lee was about endorsement (characterized by J. Kennedy as coercion) and whether the listener felt disenfranchised by the govt's apparent endorsement of religion (whether the government intended to endorse it or not). Marci In a message dated 8/15/2011 1:35:48 P.M.

RE: Establishment Clause, equal access, and confusion

2011-08-15 Thread Volokh, Eugene
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com Sent: Monday, August 15, 2011 10:18 AM To: religionlaw@lists.ucla.edu Subject: Re: Establishment Clause, equal access, and confusion The 2d Cir does not disagree with the equal access point, but rather says that the School Dist

Re: Establishment Clause, equal access, and confusion

2011-08-15 Thread Marc Stern
. From: hamilto...@aol.com [mailto:hamilto...@aol.com] Sent: Monday, August 15, 2011 01:38 PM To: religionlaw@lists.ucla.edu religionlaw@lists.ucla.edu Subject: Re: Establishment Clause, equal access, and confusion I could have sworn Lee was about endorsement (characterized by J. Kennedy as coercion

RE: Establishment Clause, equal access, and confusion

2011-08-15 Thread Volokh, Eugene
for Law Academics Subject: Re: Establishment Clause, equal access, and confusion And how would the school explain to six-year-old students why the school is open to such uses only on Sundays; and why, just coincidently, the overwhelmingly predominant uses of the school are for Christian religious

Re: Establishment Clause, equal access, and confusion

2011-08-15 Thread Marty Lederman
. ** ** Eugene ** ** *From:* religionlaw-boun...@lists.ucla.edu [mailto: religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Marty Lederman *Sent:* Monday, August 15, 2011 9:53 AM *To:* Law Religion issues for Law Academics *Subject:* Re: Establishment Clause, equal access