Volokh, Eugene wrote:
I'd think that the government religious speech cases might be coming
back, because the last attempted resolution (in the Ten Commandments
cases) is likely to prove quite unadministrable, and because there's a
decent chance that now there are five votes to jettison the endorsement
test.
I would agree with that. I would also add the various equal
access/generally applicable benefits/religious discrimination cases
going on in the Federal courts. You've got the Boy Scouts case in the
7th circuit (can the Federal government give a special benefit to a
private group that discriminates on the basis of religion?), the Sea
Scouts case from the California Supreme Court (can a local government
withhold a generally applicable benefit from a private non-profit
because they discriminate on the basis of religion and sexual
orientation?), and the two CLS cases on university recognition, one in
the 7th circuit, one in the 9th, with conflicting results (must
universities recognize student groups that discriminate on the basis of
religion and sexual orientation?). This is an area of church/state law
where there is a great deal of confusion. Hopefully the Court will clear
it up.
Ed Brayton
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