I agree with Doug, and would note the ways in which this case is similar to the Summum litigation currently pending in the Supreme Court. This case is to Marsh as the Summum litigation is to Van Orden, and I have sympathy for Rev. Turner the same way I have sympathy for the Summum plaintiffs (who are also inevitably bound to lose). This is the problem with the government speaking religiously; everyone wants to have the government espouse their views, and everyone (quite understandably) feels offended when it doesn't. Marsh and Van Orden commit us to a second-best theory of religious liberty, and there's just no good answer to the questions we face now. The Fourth Circuit's decision is here: http://www.acluva.org/docket/pleadings/turner_fourthcircuitopinion.pdf
Christopher C. Lund Assistant Professor of Law Mississippi College School of Law 151 E. Griffith St. Jackson, MS 39201 (601) 925-7141 (office) (601) 925-7113 (fax) >>> [EMAIL PROTECTED] 7/23/2008 7:15 PM >>> Well actually, the court of appeals did not ban prayer in Jesus' name. Nor did the City of Fredericksburg ban prayer in Jesus' name. Prayer in Jesus' name is continuing all over the city. The City said it would not sponsor prayer in Jesus' name; if anything was "banned," it was only at official city functions where the City controlled the agenda and thus controlled whether there would be a prayer at all. I agree that this is a very awkward decision. But it is the inevitable result once we start down the path of allowing government-sponsored prayers. Wrong answers is what the wrong questions beget, and when the answer is that the best solution is to restrict the religious content of prayers, the system has asked the wrong question. The only way to fix this is to reconsider Marsh v. Chambers. Quoting Gordon James Klingenschmitt <[EMAIL PROTECTED]>: > Press release below. Please forward widely. Please call for interviews! > In Jesus, > Chaplain K. > ------------------------ > > Appeals Court Bans Prayer 'In Jesus' Name' > > Contact: Chaplain Klingenschmitt, www.PrayInJesusName.org, > 719-360-5132 cell, [EMAIL PROTECTED] > > WASHINGTON, July 23 /Christian Newswire/ -- The Fourth Circuit Court > of Appeals today ruled that the city council of Fredericksburg, > Virginia had proper authority to require "non-sectarian" prayer > content and exclude council-member Rev. Hashmel Turner from the > prayer rotation because he prayed "in Jesus' name." > > Former Supreme Court Justice Sandra Day O'Connor, writing the decision, said: > "The restriction that prayers be nonsectarian in nature is designed > to make the prayers accessible to people who come from a variety of > backgrounds, not to exclude or disparage a particular faith." > > Ironically, she admitted Turner was excluded from participating > solely because of the Christian content of his prayer. > > A full text copy of the decision, with added commentary by Chaplain > Klingenschmitt is here: > www.PrayInJesusName.org/Frenzy13/AgainstOconnor.pdf > > Gordon James Klingenschmitt, the former Navy chaplain who faced > court-martial for praying "in Jesus name" in uniform (but won the > victory in Congress for other chaplains), defended Rev. Hashmel > Turner: > > "The Fredericksburg government violated everybody's rights by > establishing a non-sectarian religion, and requiring all prayers > conform, or face punishment of exclusion. Justice O'Connor showed her > liberal colors today, by declaring the word 'Jesus' as illegal > religious speech, which can be banned by any council who wishes to > ignore the First Amendment as she did. Councilman Rev. Hashmel Turner > should run for mayor, fire the other council-members, and re-write > the prayer policy. And if he appeals to the Supreme Court, I pray he > will win, in Jesus' name." > > For media interviews, call: > Chaplain Klingenschmitt 719-360-5132 cell > Email: [EMAIL PROTECTED] > Web address: www.PrayInJesusName.org > > > > Source: > http://christiannewswire.com/news/558917273.html > > Douglas Laycock Yale Kamisar Collegiate Professor of Law University of Michigan Law School 625 S. State St. Ann Arbor, MI 48109-1215 734-647-9713
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