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In a message dated 8/29/2005 6:46:25 A.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
How does government subsidy of religious schools that discriminate in hiring and indoctrinate students in particular religious beliefs avoid 1A issues? Because taxpayer funding of schools necessary to accommodation and
toleration of religion and religious difference respects high principles of the
First Amendment. It is a necessary precondition to avoiding
unconstitutional conditions in public education. Remember that the
decision to require mandatory attendance is not imposed by the Constitution on
the States, the States, by constitution or statute, choose to impose this
requirement. But the strictures of the First Amendment (made applicable to
the States by the Supreme Court's contortions of the Fourteenth Amendment) are
imposed on the State. Having concluded that religious, and
religiously diverse, students will be compelled to be in attendance at some
school, universal funding can be accomplished without risking endorsement of any
particular religion or of religion in general, simply to accomplish the
government purpose of universal attendance.
Jim Henderson
Senior Counsel
ACLJ
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