Any thoughts on Bowman v. U.S., a Sixth Circuit case decided last December but just redesignated two weeks ago as being for publication? Federal law allows a wide range of public and community service by military personnel - including working for organizations that provide "elementary, secondary, or postsecondary school teaching," or "any other public or community service" -- to "count toward [one's] years of service needed to obtain a full twenty-year military retirement." But the program excludes participation in activities of "organizations engaged in religious activities, unless such activities are unrelated to religious instructions, worship services, or any form of proselytization" (as well as in activities of for-profit businesses, labor unions, and partisan political organizations).
Thus, for instance, if someone were volunteering to teach in a school program aimed at spreading various controversial views on environmental responsibility, or social justice, or civil liberties, that would presumably count. But if someone were volunteering to teach in a school program aimed at spreading religious views, that would not count. The Sixth Circuit upheld this against a Free Exercise Clause challenge, citing Locke v. Davey. Is that right? What should the result have been under the Free Speech Clause, if such a claim had been made (presumably relying on Rosenberger)? Eugene _______________________________________________ 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.
