Chaplain Klingenschmitt was well advised to put a question mark in his 
subject line.  Last week's CA5 decision does not uphold the constitutionality 
of the 
school board's practice.   Rather, the case (DOE v. TANGIPAHOA PARISH SCHOOL 
BOARD, No. 05-30294 (July 25)) was dismissed because the plaintiffs had 
neglected to put in the record any evidence that they had attended a school 
board 
meeting and had been exposed to the challenged prayers; therefore they had not 
demonstrated that they had standing to sue.   Any person who has attended a 
school board meeting and has been exposed to the challenged prayers remains 
free 
to file a new lawsuit, where the constitutionality of the practice will be an 
open question.   Indeed, the court stated "it is not hard to conceive that a 
more concrete controversy may arise in the future."   Whether this decision is 
"worthy of celebration and wide-spread publicity" I leave to the good chaplain
's judgment.

Art Spitzer
ACLU of the National Capital Area
Washington DC

In a message dated 7/30/07 5:22:49 PM, [EMAIL PROTECTED] writes:

> ACLU just lost their case against prayer in Jesus name by Louisiana school 
> board.
>   
>  
> http://www.christianpost.com/article/20070727/28638_Judges_Overturn_Ban_on_School_Board_Prayer.htm
>   
>  This victory by ADF is worthy of celebration and wide-spread publicity.
> 
> 




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