In follow-up to Marty's comments, isn't comparison to the business stocking
rule a red herring? As many have pointed out, pharmacies have many reasons
not to carry every drug: supply and demand; availability; storage space,
etc. Based on my personal experience and in having a child with a
I tend to agree with Chip and Alan about permissible accommodations
generally but share Sandy's concern about the proliferation of
sect-specific "chapels." (Clearly government funds are used via airport
bonds and other taxes via the quasi-governmental port authorities). I am
reminded about
I also refer briefly to Hughes' political activity in my The Bible, the
School and the Constitution (OUP, 2012).
--
Steven K. Green, J.D., Ph.D.
Fred H. Paulus Professor of Law and Director
Center for Religion, Law and Democracy
Willamette University
900 State St., S.E.
Salem, Oregon 97301
The most interesting part of the decision is of course what the Court did
not decide: who decides who is a minister in less obvious situations. I
don't take Thomas' solo concurrence advocating near complete deference to
church officials as indicating he is the only justice who may vote that
way;
One would need to see the criteria for general access to the room. I would
assume UNC would seek to limit it to meditative activities, which may
exclude other meetings (which, no doubt, can take place in other rooms in
the Union). Provided meditative is defined broadly and inclusively, and
UNC
Alan is correct about the need for non-religious alternatives. Good
News was premised, in part, on the fact that the immediately
after-school time was available to a host of groups (though no other
group had exercised that right). As Doug recommended, release time
should occur after the
Putting aside any state nondiscrimination statutes or collective
bargaining issues which would control the situation, the permissive
accommodation and nonestablishment issues need to be addressed separately.
If one follows Texas Monthly, Thorton and even Amos, it seems that the
permissive
For those who are interested in this issue, I have written an amicus
brief for the McCreary case (with the valuable assistance of Paul
Finkelman) that argues against a close connection between American law
and the 10 Commandments. If you would seriously consider signing on to
such a brief (on
If possible, Eugene, Alan, and Chip are all correct. The school need
not allow such activity in the classroom (distributions generally) and
should be concerned about intimidating material (in the classroom or
outside). Conversely, students have the right to target follow
students of
