I'm interested in what will happen now, given that Pelphrey seems to mean that there are now circuit splits on two legislative prayer issues. There's the split on the content of prayers * whether legislative prayer can be sectarian. But there's also now a split on the selection of prayergivers * Pelphrey says that the government cannot pick and choose on the basis of religious affilation. Remember that Simpson (the case involving the Wiccan who was excluded from being able to give a legislative prayer) held that government had discretion to pick and choose. It would be nice though if the Supreme Court were to consider both issues together, given their relationship to each other. Any thoughts on what the Supreme Court would be likely to do? Best, Chris ______________________ 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) Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363402
>>> [EMAIL PROTECTED] 10/30/2008 5:42 PM >>> Ok, as an atheist, I want my turn at the invocation then, Chaplain K. My copy of the US Constitution says..."Congress shall make no law respecting an establishment of religion, unless it involves Jesus and Christianity and a perfunctory prayer at government meetings by Jews, Mormons, and Muslims (and the occasional Atheist, just to show how tolerant the government is), or prohibiting the free exercise thereof, or abridge the freedom of speech... " I do not understand why the Courts keep insisting on establishing RELIGION, any religion, in direct contradiction of the US Constitution. I'm with Mr. Franklin on this one; if god needs such help from the government, he/she can't be much of an omnipotent god...and further...his/her followers aren't much help either. Carol Moore, list reader. From: Gordon James Klingenschmitt <[EMAIL PROTECTED]> Enjoy (or forgive) my personal celebration for the 11th Circuit Court ruling in Pelphrey v. Cobb County, restoring sanity to the legislative prayer process. Can't we all just take turns? I Pray In Jesus Name, Chaplain Klingenschmitt _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.