Re: Teenagers &The Spirit of Liberty

Tue, 23 May 2006 16:02:57 -0700

I see from earlier news stories that the student first asked the principal to not schedule prayers at the graduation, and the principal refused.  The prayers objected to originally were clearly out of line under current case law.  School authorities shouldn't be in the business of telling kids when to pray -- and is that not exactly what scheduling prayers is?
 
Rick, is there any reason this group shouldn't be compared to the lynch mob that goes after a suspected horse thief?  The fellow may be guilty, and a court can determine that later -- but lynching is illegal, and shouldn't we trust to the courts to arrive at a near-just conclusion?
 
I graduated from a high school where I was one of 2 students -- about 1% of the graduating class -- not of the predominant religion.  I understand exactly what the plaintiff in the case complained about.  It's scary that a ruling from a federal court is not enough to preserve religious rights against a mob.  I'm deeply troubled by that.
 
Ed Darrell
Dallas

Rick Duncan <[EMAIL PROTECTED]> wrote:
Here is the way I look at it. "One poor kid" tried to censor his classmates with the help of a powerful legal ally, the ACLU.
 
His classmates did not like being silenced by the "poor kid." So they made a stand--not to ostracize the poor kid, but to stand up for their liberty of religious _expression_ at their own commencement. They did not violate the spirit of the EC. The spirit of the EC deals with government coercion and religion. The true spirit of the Religion Clause is on the side of the students who would not be cowed and silenced by the ACLU and the unelected judiciary.
 
I am proud of these kids. I hope their spirit spreads to many other schools and impacts many other commencements. There is no need to ask  school officials to sponsor prayer. All students need to do is pray: without asking for endorsement or permission from government authorities.
 
Cheers, Rick Duncan

[EMAIL PROTECTED] wrote:
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]
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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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Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
 

"It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence."  --J. Budziszewski (The Revenge of Conscience)
 
"Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id.
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