--- In FairfieldLife@yahoogroups.com, "do.rflex" <do.rf...@...> wrote:
>
> --- In FairfieldLife@yahoogroups.com, "sparaig" <LEnglish5@> wrote:
> >
> > --- In FairfieldLife@yahoogroups.com, "do.rflex" <do.rflex@> wrote:
> 
> 
> [snip]
> 
> 
> > > If I might make a suggestion:
> 
> > > It appears that the TMO has at its disposal a legal team that you, on 
> > > your own, can't match. Why not get the ACLU and Americans United for 
> > > Separation of Church and State involved - and we'll see how successfully 
> > > the TMO's 'invincible' legal team stands up.
> 
> > > This issue really DOES deserve a conclusive decision - one way or another.
> 
> 
> 
> > The ACLU likely has no stake in the matter, but Americans United may.
> 
> 
> Not true, Lawson. See for example: 
> 
> Americans United For Separation Of Church And State And ACLU File Brief 
> Objecting To Government Promotion of Prayer In Texas' "Moment Of Silence" Law 
> (6/9/2008)
> 
> http://www.aclu.org/religion/schools/35582prs20080609.html
> 
> 
> 
> > However, they have been unable to convince any parents to bring lawsuit> 
> > against the local schools and the David Lynch Foundation over the TM Quiet 
> > Time> issue so far, 
> 
> 
> 
> I believe that the Americans United for Separation of Church and State can 
> act on their own to bring suit.
> 
> 
> 
> > and it may be that neither John nor any of his fellow anti-quiet-time> 
> > friends have standing in teh courts either.
> 
> 
> 
> You don't need "standing in the courts" to initiate legal action, Lawson.
> 
> 
> 
> > There's been several interviews with the Americans United folk over this,> 
> > BTW. I think you can find reference to it on their website.
> 
> 
> 
> --  "TM has always been rooted in the religion of Hinduism," says Barry Lynn, 
> executive director of Americans United for Separation of Church and State, 
> which keeps a close legal eye on the TM movement. 
> 
> "There are no imminent cases right now, but people, including conservative 
> Christian parents will say if Christianity can't be taught in the public 
> schools then Hinduism can't be either."
> 
> ~NEWSWEEK - May 29, 2008: http://www.newsweek.com/id/139206
> 
> 
> 
> Here's an example where the Americans United for Separation of Church and 
> State was effective in making its case against TM being incorporated into 
> public schools:
> 
> 
> -- Calif. School Cancels Plans For Transcendental Meditation --
> 
> A California public school has dumped plans for a meditation class for 
> students amid concerns from parents that it would be promoting religion.
> 
> Terra Linda High School in San Rafael was preparing to offer students 
> instruction on Transcendental Meditation (TM). TM is an offshoot of Hinduism, 
> though some of its supporters eschew its religious underpinning and argue the 
> practice is actually science-related.
> 
> The critically acclaimed filmmaker David Lynch, director of offbeat films 
> such as "Wild at Heart," and "Blue Velvet," had offered the school a $175,000 
> grant to start the TM program.
> 
> A school board meeting in October, however, drew the ire of parents. 
> According to the Associated Press, the meeting turned "chaotic, with one 
> parent rushing the stage to denounce TM as a cult."
> 
> Following the controversy, Lynch's foundation withdrew the grant offer.
> 
> In 1979, a federal appeals court ruled that a New Jersey public school could 
> not legally sponsor TM. That case was brought in part by Americans United. 
> One judge noted that the names of Hindu deities are chanted in TM ceremonies.
> 
> TM practitioners, the court ruled, were attempting to "take a cow and put a 
> sign on it that says `horse.'"
> 
> Americans United for Separation of Church and State:  
> http://www.au.org/site/News2?abbr=cs_&id=8766&page=NewsArticle
> 
> 
> > 
> > L.
>

Ok, but recall that the objection was made locally by a former Fairfield 
resident,
and NOT by ACLU or Americans United.

My reading has been that neither has been able to bring a lawsuit on their own
and has needed to have a local parent step in.

E.G. Malnak vs Yogi was Malnak vs Yogi, not AUFSOCAS vs Yogi.

The fact that 
1) the puja is done outside school
2) TM is optional even during the quiet time
3) that no TM teacher is directly involved int eh school program
4) that no theory is taught during the school program
5) that the program is NOT funded by the school


all seem to make it different than the Malnak vs Yogi case.

Not to mention that they haven't been able to get a Malnak
to bring suit yet, presumeably because the participation requires
parental approval in the first place, unlike in the New Jersey situation
and in the case of the california school, the DLF stepped aside rather
 than let someone take them to court because they objected.

They've learned, in other words.



Lawson.


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