Re: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread Ed Brayton
Ervin Murga wrote: I am new to this listserv and a graduate student studying the separation of church and state.  In regards to the Cupertino School Controversy and the New Yorker article, Peter Boyer states that because Stephen Williams believes that "there are 'holes' in t

Re: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread Ervin Murga
I am new to this listserv and a graduate student studying the separation of church and state.  In regards to the Cupertino School Controversy and the New Yorker article, Peter Boyer states that because Stephen Williams believes that "there are 'holes' in the regular curriculum", he decided

Re: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread Ed Brayton
[EMAIL PROTECTED] wrote: In a message dated 3/18/2005 9:19:00 AM Eastern Standard Time, [EMAIL PROTECTED] writes: Why was that even a relevant argument to begin with? The Equal Access Act doesn't require that a given use have a public benefit, it only says that if the school is

Re: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread JMHACLJ
In a message dated 3/18/2005 9:19:00 AM Eastern Standard Time, [EMAIL PROTECTED] writes: Why was that even a relevant argument to begin with? The Equal Access Act doesn't require that a given use have a public benefit, it only says that if the school is going to be made available to community gr

Re: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread JMHACLJ
In a message dated 3/18/2005 11:17:46 AM Eastern Standard Time, [EMAIL PROTECTED] writes: Have I been laboring under a misconception all this time? Yes.  The principles are, I think, the same under the Equal Protection Clause of the Fourteenth Amendment.   Jim Henderson Senior Counsel ACLJ _

RE: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread Douglas Laycock
Of Ed BraytonSent: Friday, March 18, 2005 10:15 AMTo: Law & Religion issues for Law AcademicsSubject: Re: New Yorker Article on Cupertino Schools Controversy Douglas Laycock wrote: Lamb's Chapel was a Free Speech Clause case.  It was outside the scope of the Equal Access A

RE: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread Marc Stern
] [mailto:[EMAIL PROTECTED] On Behalf Of Ed Brayton Sent: Friday, March 18, 2005 11:15 AM To: Law & Religion issues for Law Academics Subject: Re: New Yorker Article on Cupertino Schools Controversy   Douglas Laycock wrote: Lamb's Chapel was a Free Speech Clause case.  It was outside the

Re: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread Ed Brayton
Douglas Laycock wrote: Lamb's Chapel was a Free Speech Clause case.  It was outside the scope of the Equal Access Act, because it involved a community group, not a student group. Hmmm. My understanding was that the Equal Access Act also governed the access of community groups to use

RE: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread Douglas Laycock
(fax)   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ed BraytonSent: Friday, March 18, 2005 8:16 AMTo: Law & Religion issues for Law AcademicsSubject: Re: New Yorker Article on Cupertino Schools Controversy [EMAIL PROTECTED] wrote: The remark calls back to my mind

Re: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread Ed Brayton
[EMAIL PROTECTED] wrote: The remark calls back to my mind the brief filed by the State of New York in the Lamb's Chapel case (arguing that religious uses did not fall within a "catch-all" provision allowing uses of school that offered a public benefit; contending that religion was of benefit

Re: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread JMHACLJ
Although I thought the "falsely balleyhooed" characterization adds nothing to the discussion, I appreciated the link over to the New Yorker article.  It reminded me, once again, how very different a world it is in the New York state of mind: Q:  "Why is it important to religion advocates to establ