But isn't the whole point of released time (1) to provide an unfair
advantage of a captive audience to those religious groups that will seek
it and (2) potential coercion (by way of stigma and isolation)?  If one
really wanted to address these concerns then those parents who want
their children to have religious training during the week should see to
it that their children attend appropriate religious programs AFTER
school has been dismissed at venues OFF CAMPUS.

But, again, the sad truth seems to be that (1) too many parents can't
seem to control their children when it comes to religious training
without enlisting the aid of the state, and (2) too many parents don't
seem to care if their children bully, ostracize and stigmatize children
who (together with their parents and families) hold to different
religious traditions than the parents referred to in point (1).

This is why, of course, Zorach was a terrible decision.   This is also
why Zorach won't be overruled anytime soon.  It really is all about
irresponsible, overreaching, incompetent and intolerant parents who,
apparently, make up a huge slice of the American adult population, and
who also tend to support a particular political agenda that finds favor
with a majority of the Court.  Each takes care of the other in its own
fashion.

-----Original Message-----
From: Steven Green [mailto:[EMAIL PROTECTED] 
Sent: Friday, February 18, 2005 2:26 PM
To: Law & Religion issues for Law Academics
Subject: 21st Century Zorach

Alan is correct about the need for non-religious alternatives.  Good 
News was premised, in part, on the fact that the immediately 
after-school time was available to a host of groups (though no other 
group had exercised that right).  As Doug recommended, release time 
should occur after the school day so as not to provide an unfair 
advantage to the religious groups of a potential captive audience (not 
to mention potential coercion or endorsement perceptions), and the 
opportunity must be extended to non-religious groups.
-- 
Steven K. Green, J.D., Ph.D.
Associate Professor
Director, Center for Law and Government
Willamette University College of Law
245 Winter St., SE
Salem, OR 97301
503-370-6732


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