One would need to see the criteria for general access to the room. I would assume UNC would seek to limit it to "meditative" activities, which may exclude other meetings (which, no doubt, can take place in other rooms in the Union). Provided meditative is defined broadly and inclusively, and UNC has a permissive policy for other uses in other rooms, then it seems like a neutral policy (using the Court's rationale in Zelman by comparing the vouchers to other choice programs).
I would also argue that Muslim students have a stronger argument for a religious accommodation based on their specific religious obligation, which the university can use as part of its rationale for an inclusive meditative-use room. -- Steven K. Green, J.D., Ph.D. Fred H. Paulus Professor of Law and Director Center for Religion, Law and Democracy Willamette University 900 State St., S.E. Salem, Oregon 97301 503-370-6732 On Mon, Dec 12, 2011 at 11:23 AM, Volokh, Eugene <vol...@law.ucla.edu>wrote: > Any thoughts on the story discussed in this editorial, especially given > cases such as *Mitchell v. Helms* and earlier cases that limit the use of > government benefit programs for facilities specifically oriented towards > religious services or religious instruction, except when done as part of a > neutrally available open-forum program? (I realize that similar issues > come up with chapels in government-owned airports, hospitals, and the like, > though the building of the foot-washing basin is a bit different.)**** > > ** ** > > Eugene**** > > ** ** > > http://www.dailytarheel.com/index.php/article/2011/11/an_act_of_good_faith > **** > > ** ** > > Between its decision to divide the multipurpose room and its poorly > executed UCommons renovation campaign, the Student Union has been a magnet > for criticism within the past year. But its latest move, to create a > first-floor meditation room next fall, should be met with nothing but > applause, as it promises to only make UNC more inviting to its diverse > community of students, faculty and staff.**** > > ** ** > > With this simple solution, the Student Union has directly addressed some > basic needs and desires voiced by the campus Muslim community, while also > remaining open to all others. Muslim students, faculty and staff have had > to pray in various common areas and other highly public spaces while on > campus. This new room will not only give them privacy, it will also prevent > them from getting in the way of other students while praying, which has > been a headache for Union officials in the past.**** > > ** ** > > As it stands, Muslims who wish to pray together on campus — the faithful > must pray five times a day — must rent rooms in the Union on a daily basis. > **** > > But rooms have often been hard to come by, especially on weekdays during > the late afternoon and evening. And since four of the five required daily > prayers are between noon and nightfall, prayer times often coincide with > the times hardest to find an empty room.**** > > ** ** > > The room will also contain a foot-washing basin to facilitate the Islamic > washing ritual of Wudu that must be undertaken before prayer whenever > possible. The basin will most likely be significantly more convenient and > comfortable than whatever methods Muslims have resorted to on campus in the > past to wash their feet and ankles. That’s a lot of wasted time and effort > that will be reduced by this room.**** > > ** ** > > While this room was created mostly with Muslims in mind, it is not only > for followers of that religion, or any religion for that matter. The room > will be open to all during the normal operating hours of the Union — which > could possibly expand to 24 hours next year with the new Wendy’s. It will > be sparsely decorated, allowing ample space for Muslims to pray and > everyone else to meditate....**** > > _______________________________________________ > 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.
