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In a message dated 11/4/2005 12:38:21 P.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
But Judge Alito, like Justice Scalia, may also believe that the Lemon test and the endorsement test have gone too far in the direction of hostility toward mere government recognition of religion and religious holidays. If the state can celebrate gay pride week, and Cinco de Mayo, and Earth Day, and pork producers day on the public square, then why can't it also celebrate Christmas or Chanukah or Ramadan with a passive dispaly in the public parks or a party at school? In fact, I think that a survey of decisions applying Lemon would
demonstrate that the truly bizarre results are in the trial and appeals
courts. The Supreme Court has had its doozies, Lee v. Weisman (let's
ignore the facts agreed to by the parties and, wearing our psychology hats,
let's add a new entry to the Diagnostic Manual, psychocoercion). But in
the main, it is the lower courts that have taken Lemon and made of what could be
a workable construct a diabolical machine for the productioon of the odd
and the strange.
Jim Henderson
Senior Counsel
ACLJ
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