Some info from the involved ACLU affiliate is at this link:
 
 
That info includes the following paragraph:
 
"School-sponsored prayer constitutes a symbolic and tangible ‘preference… given by law’ to a religious sect by exalting it over contrary religious beliefs deemed less worthy of government endorsement,” the ACLU argues in the court papers.  “It compels attendance at a place of worship by conditioning participation at public graduation ceremonies on acceptance of prayer at those ceremonies.”
 
I don't see how having a student body election for "graduation chaplain" as I saw described in this Kentucky case cures the problem post Lee and Santa Fe. I don't know why anyone would cheer the ostracism of some poor kid at his own high school graduation. With all due respect to Prof. Duncan, that doesn't sound like "religious liberty" to me.
 
Allen Asch
 
 
In a message dated 5/23/2006 10:14:01 AM Pacific Standard Time, [EMAIL PROTECTED] writes:

For a somewhat different take on this, see my Religion Clause blog post titled “Looking for Establishment Clause Loopholes” at

http://religionclause.blogspot.com/2006/05/commentary-looking-for-establishment.html

 

 

*************************************
Howard M. Friedman
Disting. Univ. Professor Emeritus
University of Toledo College of Law
Toledo, OH 43606-3390
Phone: (419) 530-2911, FAX (419) 530-4732
E-mail: [EMAIL PROTECTED]
*************************************


From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick Duncan
Sent: Tuesday, May 23, 2006 12:04 PM
To: Law & Religion issues for Law Academics
Subject: Teenagers &The Spirit of Liberty

 

Link (See also link)

 

Excerpt from the second link):

 

 

High School Students Defy ACLU and Court

May 20, 2006 01:43 PM EST

 

By Sher Zieve – Despite U.S. District Judge Joseph McKinley’s ruling that no prayer was to be allowed at Kentucky’s Russell County High School commencement ceremonies, at least 200 students recited the Lord’s Prayer during the ceremony. The ACLU had argued to have prayer banned at graduation, due to a complaint from 1 student.

Thunderous applause is said to have broken out towards the end of the prayer and senior Megan Chapman continued with her praise, when she said that her fellow students should trust God as they continue their lives after high school.

Chapman commented "It [the prayer] made the whole senior class come together as one and I think that's the best way to go out", then added: "More glory went to God because of something like that than if I had just simply said a prayer like I was supposed to."

 

Every year in May there are stories of liberty like these.

 

I love it when young men and women take a stand for free speech and religious liberty! 

 

 

Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902

 
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