Are you saying that the school districts in Lamb's Chapel and Good News Club could have lawfully sustained their desire not to rent school premises in off hours to religious organizations if, instead of saying "we will not rent to religious organizations,"they hadsimply established a rule that
Title: Message
I think
the answer turns out to be yes, surprising as it might appear. Recall that
these were designated public fora (at best) -- government property that the
government had no obligation to turn over to any speakers. If the
government opens the property to private speakers,
I usually agree with Eugene, but here I must disagree sharply.
All expressive groups discriminate in a sense in choice of leaders based
on consistency of the leaders' views with the groups' views. To say that
groups that discriminate on the basis of religion in choice of leaders
cannot use a
When the proffered distinction is that flimsy and enables such easy evasion of
a constitutional right, the distinction announces itself as wrong. Campus
political organizations are not forbidden to choose leaders or voting members
on the basis of politics. When campus religious organizations
