Re: Baptisms in rivers located in public parks?

[JMHACLJ]

In a message dated 5/25/2004 1:25:54 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: I agree with Tom on point 2, but I wonder about point 1.  The public baptism, as I understand it, was public precisely because it was intended to convey a message to the public ("we're not ashamed of being Christian").  The baptism is a group ceremony partly because it is intended to convey a message to the congregation (perhaps "this is what we believe in, and this person is joining us").  The conduct portion of the ceremony -- being dunked in the water -- isn't being engaged in because of any secular noncommunicative effects of the behavior.  People aren't trying to cool off, or exercise their muscles, or enjoy the feeling of water on their skin, or all the other reasons people go into the water. Several years ago we represented Emily and Timothy Hsu in their fairly successful challenge to denial of accommodations for their Christian Student Fellowship in the high school operated by the Roslyn Unified School District on Long Island.  See Hsu v. Roslyn Unified School District, 85 F.3d 839 (2nd Cir. 1996).  The principal disputed issue was whether the club could require that eligibility for office in the Fellowship was limited to those person, who, by baptism or otherwise, have made a public proclamation of their faith in Jesus Christ.  (FYI, the Second Circuit "split the baby," holding that the profession requirement was a bona fide qualification for those offices that were possessed of spiritual dimensions and responsibilities, such as the President and Vice-President, who had worship and teaching duties, but not as to the secretary and the treasurer.)   Unlike many religious acts of devotion, baptism plainly has, in its traditional and widest held sense, an expressive component that is significant and substantial.    Jim Henderson Senior Counsel ACLJ

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