I thoroughly agree that the school should not stick the other students (those not attending religious instruction) in a wasted time period or in other ways structure the program so as to push students toward religious instruction. Because of the difficulty of setting up a religion-only release-time program that doesn't create such an incentive, I agree with others that more across-the-board programs, like a general earlier release with after-care options, are better.
However, I don't we should let pass Chip's claim that compulsory schooling that must not have religious content (unless you can afford to pay private-school tuition for it) imposes no burden on religious students and families. When you combine 6-7 hours a day of classes with 1-2 hours (or more in upper grades) of required homework each night, schooling can take up as much as three-quarters of a student's waking hours during the week. I don't believe that the degree of state-imposed burden to justify a legislative/administrative accommodation necessarily has to be as much as would warrant a constitutionally mandated accommodation -- again, as long as the program does not create incentives to go to the religious instruction (as these programs apparently often do). Finally, of course, release-time programs do not accommodate the religious need of some families to have religious instruction integrated into other academic subjects rather than in a separate course. Only school choice programs that include religious schools can address that problem. I view release time as something of a distraction from the main issue. Tom Berg University of St. Thomas School of Law (Minnesota) ----------------------- Thomas C. Berg Professor of Law University of St. Thomas School of Law MSL 400 -- 1000 La Salle Avenue Minneapolis, MN 55403-2015 Phone: (651) 962-4918 Fax: (651) 962-4996 E-mail: [EMAIL PROTECTED] ------------------------------------------------------- -----Original Message----- From: Lupu [mailto:[EMAIL PROTECTED] Sent: Friday, February 18, 2005 1:53 PM To: Law & Religion issues for Law Academics Subject: Re: 21st Century Zorach Accommodation is only a legitimate argument or concern if the state is creating a burden on religious freedom. But there is no conflict between compulsory education and religious education, because there are ample days and hours in which parents are free to educate their children in the ways of their faith. The only state- imposed burden in this story is the one imposed on the students left behind. Released time is an anti-accommodation to the students who don't participate. Chip ("every government promotion of religion can be conveniently labelled an accommodation") Lupu Jim Henderson wrote: Isn't there something to be said for accommodation? Here comes big old bully State, grabs parents by the lapels, and threatens life, liberty and property unless child is put in a school setting from age 5 to as late as age 20, for as many as 7 to 8 hours a day, for at least 180 days in the year, including all weekdays. The interposition, of course, is welcomed by parents who are daunted by the process of educating their own children, or who lack skills necessary to do so. But it is an interposition by force of law. And its impact is not lessened by the fact that some parents choose to spend extra money on top of their property taxes to school their children in private schools or at home. So bully State is pushing parents around, and one small accommodation of need for religious training is made. What constitutional provisions other than the religion clause have been interpreted to allow (not require) accommodation? Jim "Religion Can't Be Different Only When You Want to Squish Religionists" Henderson Senior Counsel ACLJ Ira C. ("Chip") Lupu F. Elwood & Eleanor Davis Professor of Law The George Washington University Law School 2000 H St., NW Washington D.C 20052 (202) 994-7053 [EMAIL PROTECTED] [EMAIL PROTECTED] _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.