Apologies to Marty for overreading his reference to Lukumi. The facts of Bronx Household indicate that the entire school is transformed into a worship center every Sunday. Students entering to get their homework or for any other reason would be confused regarding their school's support for the religious organization. This moves the case away from the "club" cases. For this reason, I do not share Marty's assumption about the Court's willingness to overrule and/or to even take the case. If separation means anything historically or contemporaneously, surely it means that a public building can draw the line at being home to full-scale religious worship. Is a courthouse that hosts bar association events required to permit its building to be transformed into a worship center on the relevant Sabbath? Part of the reason this is difficult is because Rosenberger was decided wrongly in my view, but the cases do not mandate a return to the days of establishment when public buildings were worship buildings and vice versa. Marci In a message dated 8/15/2011 11:04:20 A.M. Eastern Daylight Time, lederman.ma...@gmail.com writes:
I suppose I should have written "religious worship services standing alone." If I recall correctly, the premise of the CTA2 decision in Bronx Household is that if -- unlike in Widmar -- a state generally treats religious expression and nonreligious expression equally, and imposes a restriction only on religious worship services, not because of the content or viewpoint of those services, but because they are functionally unlike any of the other permitted uses, the Widmar/Good News line of cases does not govern the case. I doubt the SCOTUS will buy it, but that's the theory.
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