Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Jean Dudley


On May 23, 2006, at 1:05 PM, Rick Duncan wrote:


 
The students who prayed were trying to assert their own right to be 
equal members of the political community in the face of a court order 
treating a student speaker's religious expression as unequal to 
secular expression.


They aren't "equal members of the political community".  They are the 
MAJORITY and they were using that majority status to intimidate and 
harass that one student.  They are bullies.


Religion (of any particular flavor, but ESPECIALLY of the minority) has 
NO PLACE in public schools, and this seems to be something that has 
been forced on those not of Christian religious affiliation, to the 
point of fear of persecution.


Freedom of religious expression and spirit of liberty, my lilly-white...

*fume*
Jean Dudley.

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Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread ArtSpitzer

In a message dated 5/23/06 11:34:43 PM, [EMAIL PROTECTED] writes:

public schools are not the place and when in public school is not the time to engage in religious worship. Why is that so hard to understand?


That really is the nub, isn't it?   But my impression is that there are many millions of people in this country who actually find that incomprehensible; who believe that there is no time when and no place where organized religious worship is inappropriate (as long as it's their religion); and who firmly believe that if the government prevents them from engaging in organized religious worship at any time or place that is a tyrannical oppression of their religion and an attempt to "ban it from the public square."   
Short of getting Bill Gates to pay for all such people to spend six months in Riyadh, how does one seek to penetrate such an attitude?
Art Spitzer (ACLU)
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Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Paul Finkelman
 Rick is the one who is cheering students who force their religion on 
others. And I am still waiting for the answer whether it was a Catholic 
or Protestant Lord's Prayer and wondering if any of the Catholics 
(assuming it is a Protestant version) find this offensive.  I of course 
found either version offensive when schools forced me to say them as a 
child.  The fact is, this is about he tryanny of the majority in a place 
where all children should be free to not have to worry about the school 
or their class mastes harrassing them about religion.  There is no 
"tyrant" here preventing children from praying; it is a simple time 
place issue; public schools are not the place and when in public school 
is not the time to engage in religous worship. Why is that so hard to 
understand?


Paul Finkelman

Kurt Lash wrote:

I think that the denigration of Rick and his original post has gone a 
bit overboard.


As I understand the facts (and I could be wrong), the students voted 
on a graduation speaker and that speaker planned on including a prayer 
as part of her speech.  In an injunction based on a suit filed only 
days before, the judge prohibited the student from praying.  
Apparently prayers were a traditional part of the ceremony, but it's 
not clear how they took place.


But taking the facts as known, I am not at all convinced that the 
Court's establishment clause jurisprudence forbids all prayers by 
invited private speakers (including students) at school events.  Could 
she have been held in contempt if she declared "God have mercy on the 
souls of those killed in Iraq"?  It seems to me that when the 
government opens a space for private speech, forbiding private 
speakers from engaging in "religion talk" raises serious First 
Amendment issues.  

It begs the question to assert "tyranny of the majority."  As I tell 
my students, the only thing worse than a tyranical majority is a 
tyrannical minority--or a single tyrant.  The issue is whether a 
supermajority of the people, at a moment in time, enshrined a 
principle in our constitution which justifies the injunction in this 
case.  Unless I am wrong about the facts, I am not at all convinced 
that it does.


The students' action/protest not only accepted (for the moment) the 
court's ruling (no lynch mob here), I thougt its symbolism was quite 
potent: "The courts cannot silence our private religious speech."  
They may have acted from a religious/majoritarian impulse, but the 
constitutional principle involved protects both the majority and 
minority from unwarranted government censorship--whether by courts or 
by school boards, and whether the speech is secular or religious.  


Kurt Lash
Loyola Law School (L.A.)

PS: There is, of course, a serious issue regarding the degree to which 
members of an an audience may prevent a speaker from speaking, or a 
ceremony from taking place, through their disruptive protests--whether 
religious or secular based. This issue, however, has nothing to do 
with the establishment issues raised by those responding to Rick's 
post.
 



--
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]



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Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Kurt Lash
I think that the denigration of Rick and his original post has gone a 
bit overboard.

As I understand the facts (and I could be wrong), the students voted 
on a graduation speaker and that speaker planned on including a prayer 
as part of her speech.  In an injunction based on a suit filed only 
days before, the judge prohibited the student from praying.  
Apparently prayers were a traditional part of the ceremony, but it's 
not clear how they took place.

But taking the facts as known, I am not at all convinced that the 
Court's establishment clause jurisprudence forbids all prayers by 
invited private speakers (including students) at school events.  Could 
she have been held in contempt if she declared "God have mercy on the 
souls of those killed in Iraq"?  It seems to me that when the 
government opens a space for private speech, forbiding private 
speakers from engaging in "religion talk" raises serious First 
Amendment issues.  

It begs the question to assert "tyranny of the majority."  As I tell 
my students, the only thing worse than a tyranical majority is a 
tyrannical minority--or a single tyrant.  The issue is whether a 
supermajority of the people, at a moment in time, enshrined a 
principle in our constitution which justifies the injunction in this 
case.  Unless I am wrong about the facts, I am not at all convinced 
that it does.

The students' action/protest not only accepted (for the moment) the 
court's ruling (no lynch mob here), I thougt its symbolism was quite 
potent: "The courts cannot silence our private religious speech."  
They may have acted from a religious/majoritarian impulse, but the 
constitutional principle involved protects both the majority and 
minority from unwarranted government censorship--whether by courts or 
by school boards, and whether the speech is secular or religious.  

Kurt Lash
Loyola Law School (L.A.)

PS: There is, of course, a serious issue regarding the degree to which 
members of an an audience may prevent a speaker from speaking, or a 
ceremony from taking place, through their disruptive protests--whether 
religious or secular based. This issue, however, has nothing to do 
with the establishment issues raised by those responding to Rick's 
post.

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I see from earlier news stories that the student first asked the principal to 
not schedule prayers at the graduation, and the principal refused.  The prayers 
objected to originally were clearly out of line under current case law.  School 
authorities shouldn't be in the business of telling kids when to pray -- and is 
that not exactly what scheduling prayers is?
   
  Rick, is there any reason this group shouldn't be compared to the lynch mob 
that goes after a suspected horse thief?  The fellow may be guilty, and a court 
can determine that later -- but lynching is illegal, and shouldn't we trust to 
the courts to arrive at a near-just conclusion?
   
  I graduated from a high school where I was one of 2 students -- about 1% of 
the graduating class -- not of the predominant religion.  I understand exactly 
what the plaintiff in the case complained about.  It's scary that a ruling from 
a federal court is not enough to preserve religious rights against a mob.  I'm 
deeply troubled by that.
   
  Ed Darrell
  Dallas

Rick Duncan <[EMAIL PROTECTED]> wrote:
Here is the way I look at it. "One poor kid" tried to censor his classmates 
with the help of a powerful legal ally, the ACLU.
   
  His classmates did not like being silenced by the "poor kid." So they made a 
stand--not to ostracize the poor kid, but to stand up for their liberty of 
religious expression at their own commencement. They did not violate the spirit 
of the EC. The spirit of the EC deals with government coercion and religion. 
The true spirit of the Religion Clause is on the side of the students who would 
not be cowed and silenced by the ACLU and the unelected judiciary. 
   
  I am proud of these kids. I hope their spirit spreads to many other schools 
and impacts many other commencements. There is no need to ask  school officials 
to sponsor prayer. All students need to do is pray: without asking for 
endorsement or permission from government authorities.
   
  Cheers, Rick Duncan

[EMAIL PROTECTED] wrote:
Some info from the involved ACLU affiliate is at this link:
   
  http://www.aclu-ky.org/news.html#Grad%20Prayer
   
  That info includes the following paragraph:
   
  "School-sponsored prayer constitutes a symbolic and tangible ‘preference… 
given by law’ to a religious sect by exalting it over contrary religious 
beliefs deemed less worthy of government endorsement,” the ACLU argues in the 
court papers.  “It compels attendance at a place of worship by conditioning 
participati

Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Ed Brayton
Imagine for a moment that a group of Muslim students stood up in the 
middle of a graduation ceremony, interrupted the person speaking, and 
began to loudly recite an Islamic prayer. They would be fortunate, 
frankly, to escape with their lives. They would almost certainly be 
arrested for disorderly conduct. The only difference between that and 
what happened in Russell County, Kentucky is popularity. I think that 
speaks volumes.


Ed Brayton
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How one school district found religion

2006-05-23 Thread Joel Sogol








http://news.yahoo.com/s/usatoday/20060522/cm_usatoday/howoneschooldistrictfoundreligion

 

 




 
  
  Americans have
  never been in greater need of understanding religious differences and
  cultivating respect for religious freedom. The events of 9/11 transformed America's relationship with Muslims at home and abroad, a surge in immigration from Asia and Africa has increased the nation's religious diversity, and cultural conflicts between
  secularists and religious conservatives occur like clockwork. 
  
 




 

So you might think the last thing
school districts would want is to bring religion into the classroom. Better to
play it safe, and avoid lawsuits and angry parents by limiting any mention of
faith to the private sphere. But school officials in Modesto, in Northern California, decided not to play it safe. In 2000, the religiously diverse
community took a risk and, in an almost unheard-of undertaking for a public
school district, offered a required course on world religions and religious
liberty for ninth-graders. 

 

 

Joel L. Sogol

Attorney at Law

811 21st Avenue

Tuscaloosa, Alabama  35401

ph: (205) 345-0966

fx:  (205) 345-0971

email:  [EMAIL PROTECTED]

 

 

Ben Franklin observed that truth wins a fair fight -- which
is why we have evidence rules in U.S. courts.

 






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Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Ed Darrell
I see from earlier news stories that the student first asked the principal to not schedule prayers at the graduation, and the principal refused.  The prayers objected to originally were clearly out of line under current case law.  School authorities shouldn't be in the business of telling kids when to pray -- and is that not exactly what scheduling prayers is?     Rick, is there any reason this group shouldn't be compared to the lynch mob that goes after a suspected horse thief?  The fellow may be guilty, and a court can determine that later -- but lynching is illegal, and shouldn't we trust to the courts to arrive at a near-just conclusion?     I graduated from a high school where I was one of 2 students -- about 1% of the graduating class -- not of the predominant religion.  I understand exactly what the plaintiff in the case complained about.  It's scary that a ruling from a federal
 court is not enough to preserve religious rights against a mob.  I'm deeply troubled by that.     Ed Darrell  DallasRick Duncan <[EMAIL PROTECTED]> wrote:Here is the way I look at it. "One poor kid" tried to censor his classmates with the help of a powerful legal ally, the ACLU.     His classmates did not like being silenced by the "poor kid." So they made a stand--not to ostracize the poor kid, but to stand up for their liberty of religious _expression_ at their own commencement. They did not violate the spirit of the EC. The spirit of the EC deals with government coercion and religion. The true spirit of the Religion Clause is on the side of the students who would not be cowed and silenced by the ACLU and the unelected judiciary.  
    I am proud of these kids. I hope their spirit spreads to many other schools and impacts many other commencements. There is no need to ask  school officials to sponsor prayer. All students need to do is pray: without asking for endorsement or permission from government authorities.     Cheers, Rick Duncan[EMAIL PROTECTED] wrote:Some info from the involved ACLU affiliate is at this link:     http://www.aclu-ky.org/news.html#Grad%20Prayer     That info includes the following paragraph:     "School-sponsored prayer constitutes a symbolic and tangible ‘preference… given by law’ to a religious sect by exalting it over contrary religious beliefs deemed less worthy of government endorsement,” the ACLU argues in the court papers.  “It compels attendance at a place of worship by conditioning participation at public graduation ceremonies on acceptance of prayer at those ceremonies.”     I don't see how having a student body election for "graduation chaplain" as I saw described in this Kentucky case cures the problem post Lee and Santa Fe. I don't know why anyone would cheer the ostracism of some poor kid at his own high school graduation. With all due respect to Prof. Duncan, that doesn't sound like "religious liberty" to me.     Allen Asch        In a message dated 5/23/2006
 10:14:01 AM Pacific Standard Time, [EMAIL PROTECTED] writes:For a somewhat different take on this, see my Religion Clause blog post titled “Looking for Establishment Clause Loopholes” at  http://religionclause.blogspot.com/2006/05/commentary-looking-for-establishment.html      *Howard M. Friedman Disting. Univ. Professor EmeritusUniversity of Toledo College of LawToledo, OH 43606-3390 Phone: (419) 530-2911, FAX (419) 530-4732 E-mail: [EMAIL PROTECTED] *   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
 On Behalf Of Rick DuncanSent: Tuesday, May 23, 2006 12:04 PMTo: Law & Religion issues for Law AcademicsSubject: Teenagers &The Spirit of Liberty   Link (See also link) Excerpt from the second link):  High School Students Defy ACLU and CourtMay 20, 2006 01:43 PM EST By Sher Zieve – Despite U.S. District Judge
 Joseph McKinley’s ruling that no prayer was to be allowed at Kentucky’s Russell County High School commencement ceremonies, at least 200 students recited the Lord’s Prayer during the ceremony. The ACLU had argued to have prayer banned at graduation, due to a complaint from 1 student.Thunderous applause is said to have broken out towards the end of the prayer and senior Megan Chapman continued with her praise, when she said that her fellow students should trust God as they continue their lives after high school.Chapman commented "It [the prayer] made the whole senior class come together as one
 and I think that's the best way to go out", then added: "More glory went to God because of something like that than if I had just simply said a prayer like I was supposed to." Every year in May there are stories of liberty like these.  I love it when young men and women take a stand for free speech and
 religious liberty!        Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 

RE: Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Newsom Michael








Ed, are you saying that public high
schools SPONSOR baccalaureate services?  I understand these services to be
entirely religious in nature.  If that is so, then such sponsorship is a clear
EC violation, isn’t it?

 

By the way, the sad and pathetic episode
that Rick trumpets illustrates the folly of an “accommodationist”
EC jurisprudence.  Majoritarianism is going to make itself felt, no matter what
the rules are.  However, there is absolutely no reason to make it easy for
majoritarianism to throw its weight around, and that is precisely what “accommodationism”
does, and that is why “accommodationism” is  bad EC aw.  

 









From: Ed Darrell
[mailto:[EMAIL PROTECTED] 
Sent: Tuesday, May 23, 2006 5:52
PM
To: Law & Religion issues for
Law Academics
Subject: RE: Re: Teenagers
&The Spirit of Liberty



 



I'm sure there are a few in the nation, but I have yet to find the
public high school that does not have a baccalaureate service.  One might
wonder why that special service did not meet the needs of the students for
public prayer, and if the affected high school did have such a service, one
wonders how lawyers for each side might argue it affects such a case.





 





Ed Darrell





Dallas

"David E.
Guinn" <[EMAIL PROTECTED]> wrote (inter alia):







This strikes me as theologically incoherent as well as constitutionally
troubling (though more in terms of constitutional morality rather than law.)





 





 





Graduations frequently involve not just commencement, but a series of
celebrations over the course of the weekend.  Why not reserve religious
celebrations for a separate ceremony shared among their community of faith?





 





David










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Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Paul Finkelman
Unfortunately, those who favor and embrace the tyranny of the majoirty 
(like Rick) never think about what it would be like to be the minority; 
rather they glory in the ability to oppress those who are not ike them. 
 It is as old story in America.


Paul Finkelman

Ed Brayton wrote:

Rick Duncan wrote:

Here is the way I look at it. "One poor kid" tried to censor his 
classmates with the help of a powerful legal ally, the ACLU.
 
His classmates did not like being silenced by the "poor kid." So they 
made a stand--not to ostracize the poor kid, but to stand up for their 
liberty of religious expression at their own commencement. They did 
not violate the spirit of the EC. The spirit of the EC deals with 
government coercion and religion. The true spirit of the Religion 
Clause is on the side of the students who would not be cowed and 
silenced by the ACLU and the unelected judiciary.
 
I am proud of these kids. I hope their spirit spreads to many other 
schools and impacts many other commencements. There is no need to ask  
school officials to sponsor prayer. All students need to do is pray: 
without asking for endorsement or permission from government authorities.
 



Just once, I'd really like to see a couple of Christian students at a 
graduation ceremony forced to sit through supplications to Allah and 
have a majority of Muslim students booing them as they get their diploma 
because they dared to object. I suspect a whole lot of the folks would 
switch sides in this debate very, very quickly.


Ed Brayton
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--
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]

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RE: Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Ed Darrell
I'm sure there are a few in the nation, but I have yet to find the public high school that does not have a baccalaureate service.  One might wonder why that special service did not meet the needs of the students for public prayer, and if the affected high school did have such a service, one wonders how lawyers for each side might argue it affects such a case.     Ed Darrell  Dallas"David E. Guinn" <[EMAIL PROTECTED]> wrote (inter alia):This strikes me as theologically incoherent as well as constitutionally troubling (though more in terms of constitutional morality rather than law.)        Graduations frequently involve not
 just commencement, but a series of celebrations over the course of the weekend.  Why not reserve religious celebrations for a separate ceremony shared among their community of faith?     David___
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RE: Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Alan Brownstein








While I think the constitutional analysis in Marty’s
post is pretty persuasive, David’s last line sums up my feelings about
this incident when he writes, “I find the whole thing offensive and
sad.”

 

Spoken
like a true mensch, David.

 

Alan
Brownstein

 

 

 

 

 









From:
[EMAIL PROTECTED].ucla.edu [mailto:[EMAIL PROTECTED].ucla.edu]
On Behalf Of David E. Guinn
Sent: Tuesday, May 23, 2006 1:19
PM
To: Law
 & Religion issues for Law Academics
Subject: RE: Re: Teenagers
&The Spirit of Liberty



 

This
strikes me as theologically incoherent as well as constitutionally troubling
(though more in terms of constitutional morality rather than law.)

 

First,
the students (as approved by Prof.
Duncan) are using prayer not as a religious devotion but as a political
act  -- to express their disapproval of the one student and the
"unelected judiciary" and as a weapon against others that don't share
in that faith.  That strikes me
as sacralege as well as a perversion.


 

Second,
why is it necessary to make these prayers public in a public forum?  This
sounds a little too much like the hypocrites of Mt.
6:5  If it is a matter of needing community, why not a community made up
of fellow believers rather than demanding the audience of those who might not
believe (or believe as they do)?

 

While
it may be "their" commencement, it is also the commencement of all of
the other students and their families present. 
Should everyone be allowed to interrupt the service and impose their religious
exhortation on everyone else?

 

Graduations
frequently involve not just commencement, but a series of celebrations over the
course of the weekend.  Why not
reserve religious celebrations for a separate ceremony shared among their
community of faith?  The only justification I can come up with is the
belief that their faith is so weak that it must  be endorsed by the school
in the public ceremony.

 

I
find the whole thing offensive and sad.

 

David









Date: Tue, 23 May 2006 12:50:19
-0700
From: [EMAIL PROTECTED].com
To: [EMAIL PROTECTED].ucla.edu
Subject: Re: Teenagers &The Spirit of Liberty



Here is the way I look at it.
"One poor kid" tried to censor his classmates with the help of a
powerful legal ally, the ACLU.





 





His classmates did not like being silenced by the
"poor kid." So they made a
stand--not to ostracize the poor kid, but to stand up for their liberty of
religious _expression_ at their own commencement.
They did not violate the spirit of the EC.
The spirit of the EC deals with government coercion and religion. The true spirit of the Religion Clause is on the
side of the students who would not be cowed and silenced by the ACLU and the
unelected judiciary. 





 





I am proud of these kids.
I hope their spirit spreads to many other schools and impacts many other
commencements. There is no need to
ask  school officials to sponsor prayer.
All students need to do is pray: without asking for endorsement or permission
from government authorities.





 





Cheers, Rick Duncan













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Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread RJLipkin





In a message dated 5/23/2006 4:32:53 PM Eastern Standard Time, 
[EMAIL PROTECTED] writes:

  While it may be "their" commencement, it is also the commencement of all of 
  the other students and their families present.  Should everyone be 
  allowed to interrupt the service and impose their religious exhortation on 
  everyone else?
David's post mentions 
several important issues. I would like simply to emphasize the one quoted above. 
It might be in a diverse religious society--even one with an EC 
proscription--that the commonly owned forum needs rules to decide how it should 
be used. What I want to emphasize in David's post is that it seems clearly 
antithetical to democracy and perhaps more importantly to public order to permit 
or encourage unilateral action by  one faction to commandeer the forum 
to use for that faction's purposes alone no matter how large the faction. Those 
who praise such action do so, I would think, because they agree with the content 
of the commandeering faction's conduct.  But what will they say when they 
disapprove on conscientious grounds of the next faction to commandeer the 
forum?
 
BobbyRobert Justin LipkinProfessor of LawWidener 
University School of LawDelaware
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Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Steven Jamar
Rick,I never would have labeled you as one so against Constitutional guarantees against majoritarian impulses run amok.  Even though you are a member of the dominant religion in this country I would have expected you to favor the religious rights of the few to not be trampled by the majority's impulses.So, your take on this surprises me, frankly.  I guess it is yet another application of the principle of the gored ox.SteveOn May 23, 2006, at 4:05 PM, Rick Duncan wrote:Howard: I have no idea what school authorities would have done if 50 Wiccan students had stood up and said a short Wiccan prayer. My guess is nothing.     The Lord's prayer takes only a fraction of a minute to recite. What should school officials have done? Opened fire on the rowdy praying students? Called the state police?     The students who prayed were trying to assert their own right to be equal members of the political community in the face of a court order treating a student speaker's religious _expression_ as unequal to secular _expression_.     But I understand that reasonable people differ on how to view the dynamics of this issue. It is why I believe we need school choice, so each student can attend-- without penalty-- a school that allows each student to be true to him/herself and to his or her religious or secular identity.     Cheers, Rick Duncan"Friedman, Howard M." <[EMAIL PROTECTED]> wrote:I would suggest this is a loophole for two reasons. First, the purpose of the Establishment Clause is to permit people of all (and no) religious persuasions to feel that they are equal members of the political community. Certainly the objecting student did not feel that way after this demonstration. Indeed, even before, he or she felt compelled to bring the suit anonymously out of fear of the consequences. 14th Amendment jurisprudence has recognized that sometimes private conduct can amount to state action. When, as here, the school has effectively permitted those that wish to turn graduation into a religious statement to capture the event, I would suggest that they are performing the “public function” or setting the graduation ceremony agenda.  Second, suppose that a group of 50 Wiccans had stood up and recited several stanzas affirming Wiccan belief—do you believe that those at the front of the auditorium (not to mention security officials) would have just stood passively by and let them continue? If not, then official action here is favoring one religious belief.*Howard M. Friedman Disting. Univ. Professor EmeritusUniversity of Toledo College of LawToledo, OH 43606-3390 Phone: (419) 530-2911, FAX (419) 530-4732 E-mail: [EMAIL PROTECTED] *   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Rick DuncanSent: Tuesday, May 23, 2006 3:19 PMTo: Law & Religion issues for Law AcademicsSubject: RE: Teenagers &The Spirit of Liberty   I enjoy the Religion Clause blog a great deal. Howard is doing a great job there. But is it really a "loophole" for students to engage in non-school sponsored prayer at their own commencement? Could a federal court ever properly employ the EC to enjoin the entire senior class--students not school officials-- from praying at their own graduation?  It is one thing to say that the EC forbids the school from sponsoring prayer at commencement--including by giving a student chaplain preferential access to the podium for the purpose of praying. It is a very different thing to say that the EC somehow forbids students--either individually or collectively--from simply praying out loud without school sponsorship at their graduation ceremony. The EC applies only to government sponsored prayer. It is not a loophole--but rather a basic limitation of the EC--to say that the EC does not apply to the non-sponsored religious _expression_ of students who merely happen to be attending a public school ceremony. Cheers, Rick  -- Prof. Steven D. Jamar                                 vox:  202-806-8017Howard University School of Law                       fax:  202-806-84282900 Van Ness Street NW                        mailto:[EMAIL PROTECTED]Washington, DC  20008      http://www.law.howard.edu/faculty/pages/jamarLay not up for yourselves treasures upon earth, where moth and rust doth corrupt, and where thieves break through and steal; but lay up for yourselves treasures in heaven, where neither moth nor rust doth corrupt, and where thieves do not break through nor steal. For where your treasure is, there will your heart be also. Matthew 6:19-21 ___
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RE: Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread David E. Guinn


This strikes me as theologically incoherent as well as constitutionally troubling (though more in terms of constitutional morality rather than law.)
 
First, the students (as approved by Prof. Duncan) are using prayer not as a religious devotion but as a political act  -- to express their disapproval of the one student and the "unelected judiciary" and as a weapon against others that don't share in that faith.  That strikes me as sacralege as well as a perversion. 
 
Second, why is it necessary to make these prayers public in a public forum?  This sounds a little too much like the hypocrites of Mt. 6:5  If it is a matter of needing community, why not a community made up of fellow believers rather than demanding the audience of those who might not believe (or believe as they do)?
 
While it may be "their" commencement, it is also the commencement of all of the other students and their families present.  Should everyone be allowed to interrupt the service and impose their religious exhortation on everyone else?
 
Graduations frequently involve not just commencement, but a series of celebrations over the course of the weekend.  Why not reserve religious celebrations for a separate ceremony shared among their community of faith?  The only justification I can come up with is the belief that their faith is so weak that it must  be endorsed by the school in the public ceremony.
 
I find the whole thing offensive and sad.
 
David


Date: Tue, 23 May 2006 12:50:19 -0700From: [EMAIL PROTECTED]To: religionlaw@lists.ucla.eduSubject: Re: Teenagers &The Spirit of Liberty
Here is the way I look at it. "One poor kid" tried to censor his classmates with the help of a powerful legal ally, the ACLU.
 
His classmates did not like being silenced by the "poor kid." So they made a stand--not to ostracize the poor kid, but to stand up for their liberty of religious _expression_ at their own commencement. They did not violate the spirit of the EC. The spirit of the EC deals with government coercion and religion. The true spirit of the Religion Clause is on the side of the students who would not be cowed and silenced by the ACLU and the unelected judiciary. 
 
I am proud of these kids. I hope their spirit spreads to many other schools and impacts many other commencements. There is no need to ask  school officials to sponsor prayer. All students need to do is pray: without asking for endorsement or permission from government authorities.
 
Cheers, Rick Duncan[EMAIL PROTECTED] wrote:


Some info from the involved ACLU affiliate is at this link:
 
http://www.aclu-ky.org/news.html#Grad%20Prayer
 
That info includes the following paragraph:
 
"School-sponsored prayer constitutes a symbolic and tangible ‘preference… given by law’ to a religious sect by exalting it over contrary religious beliefs deemed less worthy of government endorsement,â€� the ACLU argues in the court papers.  “It compels attendance at a place of worship by conditioning participation at public graduation ceremonies on acceptance of prayer at those ceremonies.â€�
 
I don't see how having a student body election for "graduation chaplain" as I saw described in this Kentucky case cures the problem post Lee and Santa Fe. I don't know why anyone would cheer the ostracism of some poor kid at his own high school graduation. With all due respect to Prof. Duncan, that doesn't sound like "religious liberty" to me.
 
Allen Asch
 
 
In a message dated 5/23/2006 10:14:01 AM Pacific Standard Time, [EMAIL PROTECTED] writes:

For a somewhat different take on this, see my Religion Clause blog post titled “Looking for Establishment Clause Loopholes� at
http://religionclause.blogspot.com/2006/05/commentary-looking-for-establishment.html
 
 

*Howard M. Friedman Disting. Univ. Professor EmeritusUniversity of Toledo College of LawToledo, OH 43606-3390 Phone: (419) 530-2911, FAX (419) 530-4732 E-mail: [EMAIL PROTECTED] * 




From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick DuncanSent: Tuesday, May 23, 2006 12:04 PMTo: Law & Religion issues for Law AcademicsSubject: Teenagers &The Spirit of Liberty
 

Link (See also link)

 

Excerpt from the second link):

 

 

High School Students Defy ACLU and Court

May 20, 2006 01:43 PM EST

 

By Sher Zieve – Despite U.S. District Judge Joseph McKinley’s ruling that no prayer was to be allowed at Kentucky’s Russell County High School commencement ceremonies, at least 200 students recited the Lord’s Prayer during the ceremony. The ACLU had argued to have prayer banned at graduation, due to a complaint from 1 student.

Thunderous applause is said to have broken out towards the end of the prayer and senior Megan Chapman continued with her praise, when she said that her fellow students should trust God as they continue their lives after high school.Chapman commented "It [the prayer] made the whole senior class come together as one and I t

RE: Teenagers &The Spirit of Liberty

2006-05-23 Thread Rick Duncan
Howard: I have no idea what school authorities would have done if 50 Wiccan students had stood up and said a short Wiccan prayer. My guess is nothing.     The Lord's prayer takes only a fraction of a minute to recite. What should school officials have done? Opened fire on the rowdy praying students? Called the state police?     The students who prayed were trying to assert their own right to be equal members of the political community in the face of a court order treating a student speaker's religious _expression_ as unequal to secular _expression_.     But I understand that reasonable people differ on how to view the dynamics of this issue. It is why I believe we need school choice, so each student can attend-- without penalty-- a school that allows each student to be true to him/herself and to his or her religious or secular identity.     Cheers, Rick
 Duncan"Friedman, Howard M." <[EMAIL PROTECTED]> wrote:I would suggest this is a loophole for two reasons. First, the purpose of the Establishment Clause is to permit people of all (and no) religious persuasions to feel that they are equal members of the political community. Certainly the objecting student did not feel that way after this demonstration. Indeed, even before, he or she felt compelled to bring the suit anonymously out of fear of the consequences. 14th Amendment jurisprudence has recognized that sometimes private conduct can amount to state action. When, as here, the school has effectively permitted those that wish to
 turn graduation into a religious statement to capture the event, I would suggest that they are performing the “public function” or setting the graduation ceremony agenda.  Second, suppose that a group of 50 Wiccans had stood up and recited several stanzas affirming Wiccan belief—do you believe that those at the front of the auditorium (not to mention security officials) would have just stood passively by and let them continue? If not, then official action here is favoring one religious belief.*Howard M. Friedman Disting. Univ. Professor EmeritusUniversity of Toledo College of LawToledo, OH 43606-3390 Phone: (419) 530-2911, FAX (419) 530-4732 E-mail: [EMAIL PROTECTED] *   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
 On Behalf Of Rick DuncanSent: Tuesday, May 23, 2006 3:19 PMTo: Law & Religion issues for Law AcademicsSubject: RE: Teenagers &The Spirit of Liberty   I enjoy the Religion Clause blog a great deal. Howard is doing a great job there. But is it really a "loophole" for students to engage in non-school sponsored prayer at their own commencement? Could a federal court ever properly employ the EC to enjoin the entire senior class--students not school officials-- from praying at their own graduation?  It is one thing to say that the EC forbids the school from sponsoring prayer at commencement--including by
 giving a student chaplain preferential access to the podium for the purpose of praying. It is a very different thing to say that the EC somehow forbids students--either individually or collectively--from simply praying out loud without school sponsorship at their graduation ceremony. The EC applies only to government sponsored prayer. It is not a loophole--but rather a basic limitation of the EC--to say that the EC does not apply to the non-sponsored religious _expression_ of students who merely happen to be attending a public school ceremony. Cheers, Rick Cheers, Rick"Friedman, Howard M." <[EMAIL PROTECTED]> wrote:  For a somewhat different take on this, see my
 Religion Clause blog post titled “Looking for Establishment Clause Loopholes” athttp://religionclause.blogspot.com/2006/05/commentary-looking-for-establishment.html    *Howard M. Friedman Disting. Univ. Professor EmeritusUniversity of Toledo College of LawToledo, OH 43606-3390 Phone: (419) 530-2911, FAX (419) 530-4732 E-mail: [EMAIL PROTECTED] *
   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick DuncanSent: Tuesday, May 23, 2006 12:04 PMTo: Law & Religion issues for Law AcademicsSubject:
 Teenagers &The Spirit of Liberty   Link (See also link)     Excerpt from the second link):        High School Students Defy ACLU and
 Court  May 20, 2006 01:43 PM EST     By Sher Zieve – Despite U.S. District Judge Joseph McKinley’s ruling that no prayer was to be allowed at Kentucky’s
 Russell County High School commencement ceremonies, at least 200 students recited the Lord’s Prayer during the ceremony. The ACLU had argued to have prayer banned at graduation, due to a complaint from 1 student.  Thunderous applause is said to have broken out towards the end of the prayer and senior Megan Chapman continued with her praise, when she said that her fellow students should trus

Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Ed Brayton

Rick Duncan wrote:

Here is the way I look at it. "One poor kid" tried to censor his 
classmates with the help of a powerful legal ally, the ACLU.
 
His classmates did not like being silenced by the "poor kid." So they 
made a stand--not to ostracize the poor kid, but to stand up for their 
liberty of religious expression at their own commencement. They did 
not violate the spirit of the EC. The spirit of the EC deals with 
government coercion and religion. The true spirit of the Religion 
Clause is on the side of the students who would not be cowed and 
silenced by the ACLU and the unelected judiciary.
 
I am proud of these kids. I hope their spirit spreads to many other 
schools and impacts many other commencements. There is no need to ask  
school officials to sponsor prayer. All students need to do is pray: 
without asking for endorsement or permission from government authorities.
 


Just once, I'd really like to see a couple of Christian students at a 
graduation ceremony forced to sit through supplications to Allah and 
have a majority of Muslim students booing them as they get their diploma 
because they dared to object. I suspect a whole lot of the folks would 
switch sides in this debate very, very quickly.


Ed Brayton
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Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread marty . lederman
For purposes of constitutional analysis, we're focused on the wrong actors.  I 
agree with Steve and Andy that the students' grotesquely insensitive conduct 
violated moral and social norms, not legal constraints.   But I don't think we 
should be so quick to assume that the prayer was not de facto 
"school-sponsored"; it's very possible that the school itself violated the 
Constitution (depending on undisclosed facts).

I find it difficult to believe that the school officials did not have wind of 
what was about to occur.  Did they do anything to head it off?  Or did they -- 
perhaps by silence, if not a wink and nod -- send a signal of approval?  More 
to the point, when the students broke into the Lord's Prayer en masse, what did 
school officials do about it?  Did they react in the same way they would have 
reacted had the students collectively interrupted the ceremony to sing the 
latest Kanye West song?  To chant protests about the Iraq War?  We don't know, 
from the story Rick appended, how long the interruption lasted or how the 
school officials responded.  The sense one gets, however, is that they 
permitted the student body to *take over* the graduation ceremony for a short 
period -- to lead the assemblage in prayer -- in a way they would not have done 
with respect to collective expression of another sort.  If so, it's not 
entirely obvious that this case is distinguishable from Santa Fe. 



 -- Original message --
From: Steven Jamar <[EMAIL PROTECTED]>
> I guess it is a "loophole" in the sense that if the students  
> respected the spirit of the EC, they would be less likely to trip  
> along the edges of it like this.
> 
> There are good reasons for the EC and for the sharper separation of  
> church and state.  Keeping religious practices out of public  
> governmental ceremonies such as public school graduation advances  
> those purposes.  Students finding ways around the constitutional  
> limits of EC in violation of the spirit and countering the purposes  
> of the EC do constitute a loophole -- at least from a policy  
> perspective.
> 
> Steve
> 
> On May 23, 2006, at 3:18 PM, Rick Duncan wrote:
> 
> > I enjoy the Religion Clause blog a great deal. Howard is doing a  
> > great job there.
> >
> > But is it really a "loophole" for students to engage in non-school  
> > sponsored prayer at their own commencement? Could a federal court  
> > ever properly employ the EC to enjoin the entire senior class-- 
> > students not school officials-- from praying at their own graduation?
> >
> > It is one thing to say that the EC forbids the school from  
> > sponsoring prayer at commencement--including by giving a student  
> > chaplain preferential access to the podium for the purpose of  
> > praying. It is a very different thing to say that the EC somehow  
> > forbids students--either individually or collectively--from simply  
> > praying out loud without school sponsorship at their graduation  
> > ceremony. The EC applies only to government sponsored prayer. It is  
> > not a loophole--but rather a basic limitation of the EC--to say  
> > that the EC does not apply to the non-sponsored religious  
> > expression of students who merely happen to be attending a public  
> > school ceremony.
> >
> > Cheers, Rick
> >
>
> >
> > High School Students Defy ACLU and Court
> > May 20, 2006 01:43 PM EST
> >
> > By Sher Zieve – Despite U.S. District Judge Joseph McKinley’s  
> > ruling that no prayer was to be allowed at Kentucky’s Russell  
> > County High School commencement ceremonies, at least 200 students  
> > recited the Lord’s Prayer during the ceremony. The ACLU had argued  
> > to have prayer banned at graduation, due to a complaint from 1  
> > student.
> > Thunderous applause is said to have broken out towards the end of  
> > the prayer and senior Megan Chapman continued with her praise, when  
> > she said that her fellow students should trust God as they continue  
> > their lives after high school.
> >
> > Chapman commented "It [the prayer] made the whole senior class come  
> > together as one and I think that's the best way to go out", then  
> > added: "More glory went to God because of something like that than  
> > if I had just simply said a prayer like I was supposed to."
> >
> > Every year in May there are stories of liberty like these.
> >
> > I love it when young men and women take a stand for free speech and  
> > religious liberty!
> >
> >
> > Rick Duncan
> > Welpton Professor of Law
> > University of Nebraska College of Law
> > Lincoln, NE 68583-0902
> >
> >
>
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Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Rick Duncan
Here is the way I look at it. "One poor kid" tried to censor his classmates with the help of a powerful legal ally, the ACLU.     His classmates did not like being silenced by the "poor kid." So they made a stand--not to ostracize the poor kid, but to stand up for their liberty of religious _expression_ at their own commencement. They did not violate the spirit of the EC. The spirit of the EC deals with government coercion and religion. The true spirit of the Religion Clause is on the side of the students who would not be cowed and silenced by the ACLU and the unelected judiciary.      I am proud of these kids. I hope their spirit spreads to many other schools and impacts many other commencements. There is no need to ask  school officials to sponsor prayer. All students need to do is pray: without asking for endorsement or permission from government authorities.     Cheers,
 Rick Duncan[EMAIL PROTECTED] wrote:Some info from the involved ACLU affiliate is at this link:     http://www.aclu-ky.org/news.html#Grad%20Prayer     That info includes the following paragraph:     "School-sponsored prayer constitutes a symbolic and tangible ‘preference… given by law’ to a religious sect by exalting it over contrary religious beliefs deemed less worthy of government endorsement,” the ACLU argues in the court papers.  “It compels attendance at a place of worship by conditioning participation at public graduation ceremonies on
 acceptance of prayer at those ceremonies.”     I don't see how having a student body election for "graduation chaplain" as I saw described in this Kentucky case cures the problem post Lee and Santa Fe. I don't know why anyone would cheer the ostracism of some poor kid at his own high school graduation. With all due respect to Prof. Duncan, that doesn't sound like "religious liberty" to me.     Allen Asch        In a message dated 5/23/2006 10:14:01 AM Pacific Standard Time, [EMAIL PROTECTED] writes:For a somewhat
 different take on this, see my Religion Clause blog post titled “Looking for Establishment Clause Loopholes” at  http://religionclause.blogspot.com/2006/05/commentary-looking-for-establishment.html      *Howard M. Friedman Disting. Univ. Professor EmeritusUniversity of Toledo College of LawToledo, OH 43606-3390 Phone: (419) 530-2911, FAX (419) 530-4732 E-mail: [EMAIL PROTECTED] *   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick DuncanSent: Tuesday, May 23, 2006 12:04 PMTo: Law & Religion issues for Law AcademicsSubject: Teenagers &The Spirit of Liberty   Link (See also link) Excerpt from the second
 link):  High School Students Defy ACLU and CourtMay 20, 2006 01:43 PM EST By Sher Zieve – Despite U.S. District Judge Joseph McKinley’s ruling that no prayer was to be allowed at Kentucky’s Russell County High School commencement ceremonies, at least 200 students recited the Lord’s Prayer during the ceremony. The ACLU had argued to have prayer banned at graduation, due to a complaint from 1 student.Thunderous applause is said to have broken out towards the end of the prayer and senior Megan Chapman continued with her praise, when she said that her fellow students should trust God as they continue their lives after high school.Chapman commented "It [the prayer] made the whole senior class come together as one and I think that's the best way to go out", then added: "More glory went to God because of something like that than if I had just simply said a prayer like I was supposed to." Every year in May there are stories of liberty like these.  I love it when young men and women take a stand for free speech and religious liberty!        Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 ___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease 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.  Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902     "It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence."  --J. Budziszewski (The Revenge of Conscience)     "Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id.
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RE: Teenagers &The Spirit of Liberty

2006-05-23 Thread Friedman, Howard M.








I would suggest this is a loophole for two
reasons. First, the purpose of the Establishment Clause is to permit people of
all (and no) religious persuasions to feel that they are equal members of the
political community. Certainly the objecting student did not feel that way
after this demonstration. Indeed, even before, he or she felt compelled to
bring the suit anonymously out of fear of the consequences. 14th Amendment
jurisprudence has recognized that sometimes private conduct can amount to state
action. When, as here, the school has effectively permitted those that wish to
turn graduation into a religious statement to capture the event, I would
suggest that they are performing the “public function” or setting
the graduation ceremony agenda.  Second, suppose that a group of 50 Wiccans had
stood up and recited several stanzas affirming Wiccan belief—do you
believe that those at the front of the auditorium (not to mention security
officials) would have just stood passively by and let them continue? If not,
then official action here is favoring one religious belief.



*
Howard M. Friedman

Disting. Univ. Professor Emeritus
University of Toledo
 College of Law
Toledo, OH
 43606-3390 
Phone: (419) 530-2911, FAX (419) 530-4732 
E-mail: [EMAIL PROTECTED] 
* 











From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick Duncan
Sent: Tuesday, May 23, 2006 3:19
PM
To: Law & Religion issues for
Law Academics
Subject: RE: Teenagers &The
Spirit of Liberty



 



I enjoy the Religion Clause blog a great deal. Howard
is doing a great job there.





 





But is it really a "loophole" for students to engage in non-school sponsored prayer at their own
commencement? Could a federal court ever properly employ the EC to enjoin the
entire senior class--students not school officials-- from praying at
their own graduation? 





 





It is one thing to say that the EC forbids the school
from sponsoring prayer at commencement--including by giving a student chaplain
preferential access to the podium for the purpose of praying. It is a very
different thing to say that the EC somehow forbids students--either individually
or collectively--from simply praying out loud without school sponsorship at their
graduation ceremony. The EC applies only to government sponsored prayer. It is
not a loophole--but rather a basic limitation of the EC--to say that the EC
does not apply to the non-sponsored religious _expression_ of students who merely
happen to be attending a public school ceremony.





 





Cheers, Rick





 





Cheers, Rick

"Friedman, Howard M."
<[EMAIL PROTECTED]> wrote:







For a somewhat different
take on this, see my Religion Clause blog post titled “Looking for
Establishment Clause Loopholes” at





http://religionclause.blogspot.com/2006/05/commentary-looking-for-establishment.html





 





 







*
Howard M. Friedman

Disting. Univ. Professor Emeritus
University of Toledo College of Law
Toledo,
 OH 43606-3390 
Phone: (419) 530-2911, FAX (419) 530-4732 
E-mail: [EMAIL PROTECTED] 
* 



















From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick Duncan
Sent: Tuesday, May 23, 2006 12:04
PM
To: Law & Religion issues for
Law Academics
Subject: Teenagers &The Spirit
of Liberty







 







Link (See
also link)









 









Excerpt from the second link):









 









 









High School Students Defy ACLU and Court









May 20, 2006 01:43 PM EST









 









By Sher Zieve
– Despite U.S. District Judge Joseph McKinley’s ruling that no
prayer was to be allowed at Kentucky’s
Russell County High School
commencement ceremonies, at least 200 students recited the Lord’s Prayer
during the ceremony. The ACLU had argued to have prayer banned at graduation,
due to a complaint from 1 student.









Thunderous
applause is said to have broken out towards the end of the prayer and senior
Megan Chapman continued with her praise, when she said that her fellow students
should trust God as they continue their lives after high school.

Chapman commented "It [the prayer] made the whole senior class come
together as one and I think that's the best way to go out", then added:
"More glory went to God because of something like that than if I had just
simply said a prayer like I was supposed to."









 









Every year in May there are stories of liberty like
these. 









 









I love it when young men and women take a stand for
free speech and religious liberty!  









 







 









Rick Duncan 
Welpton Professor of Law

University
of Nebraska
College
of Law 
Lincoln,
 NE 68583-0902









 










"It's a funny thing about us human beings: not many of us doubt God's
existence and then start sinning. Most of us sin and then start doubting His
existence."  --J. Budziszewski (The

Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Steven Jamar
I guess it is a "loophole" in the sense that if the students respected the spirit of the EC, they would be less likely to trip along the edges of it like this.There are good reasons for the EC and for the sharper separation of church and state.  Keeping religious practices out of public governmental ceremonies such as public school graduation advances those purposes.  Students finding ways around the constitutional limits of EC in violation of the spirit and countering the purposes of the EC do constitute a loophole -- at least from a policy perspective.SteveOn May 23, 2006, at 3:18 PM, Rick Duncan wrote:I enjoy the Religion Clause blog a great deal. Howard is doing a great job there.     But is it really a "loophole" for students to engage in non-school sponsored prayer at their own commencement? Could a federal court ever properly employ the EC to enjoin the entire senior class--students not school officials-- from praying at their own graduation?      It is one thing to say that the EC forbids the school from sponsoring prayer at commencement--including by giving a student chaplain preferential access to the podium for the purpose of praying. It is a very different thing to say that the EC somehow forbids students--either individually or collectively--from simply praying out loud without school sponsorship at their graduation ceremony. The EC applies only to government sponsored prayer. It is not a loophole--but rather a basic limitation of the EC--to say that the EC does not apply to the non-sponsored religious _expression_ of students who merely happen to be attending a public school ceremony.     Cheers, Rick     Cheers, Rick"Friedman, Howard M." <[EMAIL PROTECTED]> wrote:For a somewhat different take on this, see my Religion Clause blog post titled “Looking for Establishment Clause Loopholes” at  http://religionclause.blogspot.com/2006/05/commentary-looking-for-establishment.html      *Howard M. Friedman Disting. Univ. Professor EmeritusUniversity of Toledo College of LawToledo, OH 43606-3390 Phone: (419) 530-2911, FAX (419) 530-4732 E-mail: [EMAIL PROTECTED] *   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Rick DuncanSent: Tuesday, May 23, 2006 12:04 PMTo: Law & Religion issues for Law AcademicsSubject: Teenagers &The Spirit of Liberty   Link (See also link) Excerpt from the second link):  High School Students Defy ACLU and CourtMay 20, 2006 01:43 PM EST By Sher Zieve – Despite U.S. District Judge Joseph McKinley’s ruling that no prayer was to be allowed at Kentucky’s Russell County High School commencement ceremonies, at least 200 students recited the Lord’s Prayer during the ceremony. The ACLU had argued to have prayer banned at graduation, due to a complaint from 1 student.Thunderous applause is said to have broken out towards the end of the prayer and senior Megan Chapman continued with her praise, when she said that her fellow students should trust God as they continue their lives after high school.Chapman commented "It [the prayer] made the whole senior class come together as one and I think that's the best way to go out", then added: "More glory went to God because of something like that than if I had just simply said a prayer like I was supposed to." Every year in May there are stories of liberty like these.  I love it when young men and women take a stand for free speech and religious liberty!        Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 "It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence."  --J. Budziszewski (The Revenge of Conscience) "Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id.Be a chatter box. Enjoy free PC-to-PC calls with Yahoo! Messenger with Voice.___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease 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.  Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902     "It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence."  --J. Budziszewski (The Revenge of Conscience)     "Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id. 		Talk is cheap. Use Yahoo! Messenger to ma

RE: Teenagers &The Spirit of Liberty

2006-05-23 Thread Andrew Koppelman


But, Rick, your first post seemed to depend on collapsing the distinction
that you're now insisting on.  I gather the judge's order was
precisely against school-sponsored prayer.  If that's right, then
you're right.  The students weren't defying the court's order. 
What they did was consistent with it.  They weren't taking
"a stand for free speech and
religious liberty" if no one was telling them not to do what they
did.
Of course, it's obvious that the students didn't see it that
way.  They understood this to be a zero-sum game, and the prayer to
be a communal triumph over the one student who had objected.  This
kind of mass collective humiliation has moral, but not legal,
implications.  
It's not clear that the hurt feelings
on all sides would be less if efforts were made to educate the public
about just what the establishment clause forbids.  But it would be
interesting to conduct the experiment.
Andy Koppelman

At 02:18 PM 5/23/2006, you wrote:
I enjoy the Religion Clause blog
a great deal. Howard is doing a great job there.
 
But is it really a "loophole" for students to engage in
non-school sponsored prayer at their own commencement? Could a
federal court ever properly employ the EC to enjoin the entire senior
class--students not school officials-- from praying at their own
graduation? 
 
It is one thing to say that the EC forbids the school from sponsoring
prayer at commencement--including by giving a student chaplain
preferential access to the podium for the purpose of praying. It is a
very different thing to say that the EC somehow forbids students--either
individually or collectively--from simply praying out loud without
school sponsorship at their graduation ceremony. The EC applies only
to government sponsored prayer. It is not a loophole--but rather a basic
limitation of the EC--to say that the EC does not apply to the
non-sponsored religious _expression_ of students who merely happen to be
attending a public school ceremony.
 
Cheers, Rick
 
Cheers, Rick
"Friedman, Howard M."
<[EMAIL PROTECTED]> wrote:


 

For a somewhat different
take on this, see my Religion Clause blog post titled “Looking for
Establishment Clause Loopholes” at

http://religionclause.blogspot.com/2006/05/commentary-looking-for-establishment.html

 

 

*

Howard M. Friedman 

Disting. Univ. Professor Emeritus

University of Toledo
College of Law

Toledo, OH 43606-3390 

Phone: (419) 530-2911, FAX (419) 530-4732 

E-mail: [EMAIL PROTECTED] 

* 



From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Rick Duncan

Sent: Tuesday, May 23, 2006 12:04 PM

To: Law & Religion issues for Law Academics

Subject: Teenagers &The Spirit of Liberty

 

Link (See also link)

 

Excerpt from the second link):

 

 

High School Students Defy ACLU and Court

May 20, 2006 01:43 PM EST

 

By Sher Zieve – Despite U.S. District Judge Joseph McKinley’s ruling that no prayer was to be allowed at Kentucky’s Russell County High School commencement ceremonies, at least 200 students recited the Lord’s Prayer during the ceremony. The ACLU had argued to have prayer banned at graduation, due to a complaint from 1 student.

Thunderous applause is said to have broken out towards the end of the prayer and senior Megan Chapman continued with her praise, when she said that her fellow students should trust God as they continue their lives after high school.

Chapman commented "It [the prayer] made the whole senior class come together as one and I think that's the best way to go out", then added: "More glory went to God because of something like that than if I had just simply said a prayer like I was supposed to."

 

Every year in May there are stories of liberty like these. 

 

I love it when young men and women take a stand for free speech and religious liberty!  

 

 

Rick Duncan 

Welpton Professor of Law 

University of Nebraska College of Law 

Lincoln, NE 68583-0902

 

"It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence."  --J. Budziszewski (The Revenge of Conscience)

 

"Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id.



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Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902
 
"It's a funny thing about us human 

Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread AAsch




Some info from the involved ACLU affiliate is at this link:
 
http://www.aclu-ky.org/news.html#Grad%20Prayer
 
That info includes the following paragraph:
 
"School-sponsored prayer constitutes a symbolic 
and tangible ‘preference… given by law’ to a religious sect by exalting it over 
contrary religious beliefs deemed less worthy of government endorsement,” the 
ACLU argues in the court papers.  “It compels attendance at a place of 
worship by conditioning participation at public graduation ceremonies on 
acceptance of prayer at those ceremonies.”
 
I don't see how having a student body election for "graduation chaplain" as 
I saw described in this Kentucky case cures the problem post Lee and 
Santa Fe. I don't know why anyone would cheer the ostracism of some 
poor kid at his own high school graduation. With all due respect to Prof. 
Duncan, that doesn't sound like "religious 
liberty" to me.
 
Allen Asch
 
 
In a message dated 5/23/2006 10:14:01 AM Pacific Standard Time, 
[EMAIL PROTECTED] writes:

  For a somewhat 
  different take on this, see my Religion Clause blog post titled “Looking for 
  Establishment Clause Loopholes” at
  http://religionclause.blogspot.com/2006/05/commentary-looking-for-establishment.html
   
   
  
  *Howard M. 
  Friedman Disting. Univ. 
  Professor EmeritusUniversity of Toledo College of LawToledo, OH 43606-3390 Phone: (419) 530-2911, 
  FAX (419) 530-4732 E-mail: [EMAIL PROTECTED] 
  * 
  
  
  
  
  From: 
  [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
  On Behalf Of Rick 
  DuncanSent: Tuesday, May 23, 
  2006 12:04 PMTo: Law & 
  Religion issues for Law AcademicsSubject: Teenagers &The Spirit of 
  Liberty
   
  
  Link (See 
  also link)
  
   
  
  Excerpt from the second 
  link):
  
   
  
   
  
  High School Students 
  Defy ACLU and Court
  
  May 
  20, 2006 01:43 PM EST
  
   
  
  By Sher Zieve – 
  Despite U.S. District Judge Joseph McKinley’s ruling that no prayer was to be 
  allowed at Kentucky’s Russell County High 
  School commencement ceremonies, at least 200 
  students recited the Lord’s Prayer during the ceremony. The ACLU had argued to 
  have prayer banned at graduation, due to a complaint from 1 
  student.
  
  Thunderous 
  applause is said to have broken out towards the end of the prayer and senior 
  Megan Chapman continued with her praise, when she said that her fellow 
  students should trust God as they continue their lives after high 
  school.Chapman commented "It [the prayer] made the whole senior class 
  come together as one and I think that's the best way to go out", then added: 
  "More glory went to God because of something like that than if I had just 
  simply said a prayer like I was supposed 
  to."
  
   
  
  Every year in May there are stories of 
  liberty like these. 
  
   
  
  I love it when young men and women take a 
  stand for free speech and religious liberty!  
  
  
   
   
  
  
  Rick Duncan Welpton Professor of 
  Law University of Nebraska College of Law Lincoln, NE 
  68583-0902

 
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RE: Teenagers &The Spirit of Liberty

2006-05-23 Thread Rick Duncan
I enjoy the Religion Clause blog a great deal. Howard is doing a great job there.     But is it really a "loophole" for students to engage in non-school sponsored prayer at their own commencement? Could a federal court ever properly employ the EC to enjoin the entire senior class--students not school officials-- from praying at their own graduation?      It is one thing to say that the EC forbids the school from sponsoring prayer at commencement--including by giving a student chaplain preferential access to the podium for the purpose of praying. It is a very different thing to say that the EC somehow forbids students--either individually or collectively--from simply praying out loud without school sponsorship at their graduation ceremony. The EC applies only to government sponsored prayer. It is not a loophole--but rather a basic limitation of the EC--to say that the EC does not
 apply to the non-sponsored religious _expression_ of students who merely happen to be attending a public school ceremony.     Cheers, Rick     Cheers, Rick"Friedman, Howard M." <[EMAIL PROTECTED]> wrote:For a somewhat different take on this, see my Religion Clause blog post titled “Looking for Establishment Clause Loopholes”
 at  http://religionclause.blogspot.com/2006/05/commentary-looking-for-establishment.html      *Howard M. Friedman Disting. Univ.
 Professor EmeritusUniversity of Toledo College of LawToledo, OH 43606-3390 Phone: (419) 530-2911, FAX (419) 530-4732 E-mail: [EMAIL PROTECTED] *   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick DuncanSent: Tuesday, May 23, 2006 12:04 PMTo: Law & Religion issues for Law AcademicsSubject: Teenagers &The Spirit of Liberty   Link (See also link) Excerpt from the second link):     
 High School Students Defy ACLU and CourtMay 20, 2006 01:43 PM EST By Sher Zieve – Despite U.S. District Judge Joseph McKinley’s ruling that no prayer was to be allowed at
 Kentucky’s Russell County High School commencement ceremonies, at least 200 students recited the Lord’s Prayer during the ceremony. The ACLU had argued to have prayer banned at graduation, due to a complaint from 1 student.Thunderous applause is said to have broken out towards the end of the prayer and senior Megan Chapman continued with her praise, when she said that her fellow students should trust God as they continue their lives after high school.Chapman commented "It [the prayer] made the whole senior class come together as one and I think that's the best way to go out", then added: "More glory
 went to God because of something like that than if I had just simply said a prayer like I was supposed to." Every year in May there are stories of liberty like these.  I love it when young men and women take a stand for free speech and religious liberty!        Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 "It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence."  --J. Budziszewski (The Revenge of Conscience) "Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id.Be a chatter box. Enjoy free PC-to-PC calls with Yahoo! Messenger with Voice.___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease 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.  Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902     "It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence."  --J. Budziszewski (The Revenge of Conscience)     "Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id.
		Talk is cheap. Use Yahoo! Messenger to make PC-to-Phone calls.  Great rates starting at 1¢/min.___
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RE: Teenagers &The Spirit of Liberty

2006-05-23 Thread Friedman, Howard M.








For a somewhat different take on this, see
my Religion Clause blog post titled “Looking for Establishment Clause
Loopholes” at

http://religionclause.blogspot.com/2006/05/commentary-looking-for-establishment.html

 

 



*
Howard M. Friedman

Disting. Univ. Professor Emeritus
University of Toledo
 College of Law
Toledo, OH
 43606-3390 
Phone: (419) 530-2911, FAX (419) 530-4732 
E-mail: [EMAIL PROTECTED] 
* 











From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick Duncan
Sent: Tuesday, May 23, 2006 12:04
PM
To: Law & Religion issues for
Law Academics
Subject: Teenagers &The Spirit
of Liberty



 



Link (See
also link)





 





Excerpt from the second link):





 





 





High School Students Defy ACLU and Court





May 20, 2006 01:43 PM EST





 





By Sher Zieve
– Despite U.S. District Judge Joseph McKinley’s ruling that no
prayer was to be allowed at Kentucky’s Russell County High School
commencement ceremonies, at least 200 students recited the Lord’s Prayer
during the ceremony. The ACLU had argued to have prayer banned at graduation,
due to a complaint from 1 student.





Thunderous
applause is said to have broken out towards the end of the prayer and senior
Megan Chapman continued with her praise, when she said that her fellow students
should trust God as they continue their lives after high school.

Chapman commented "It [the prayer] made the whole senior class come
together as one and I think that's the best way to go out", then added:
"More glory went to God because of something like that than if I had just
simply said a prayer like I was supposed to."





 





Every year in May there are stories of liberty like
these. 





 





I love it when young men and women take a stand for
free speech and religious liberty!  





 



 





Rick Duncan 
Welpton Professor of Law 
University of Nebraska
College of Law 
Lincoln, NE
 68583-0902





 






"It's a funny thing about us human beings: not many of us doubt God's
existence and then start sinning. Most of us sin and then start doubting His
existence."  --J. Budziszewski (The Revenge of Conscience)





 





"Once again the ancient maxim is vindicated, that
the perversion of the best is the worst." -- Id.











Be a chatter box. Enjoy free
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Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Steven Jamar
Yes!  Let us not show regard and concern for those who do not think of Jesus as their savior or those who do not want church in their schools or those who think differently!  Let freedom ring for the majority of right believers!  Let us demonize and marginalize those who believe something else!  Let us not respect the law or the Constitution or the value of the legal processes!  Let us all come together as one!  Under Jesus!Say AMEN somebody!Seriously, though, I don't mind students doing this sort of thing.  I do  mind the motive being to disobey the courts and to disregard the values of a non-like-minded classmate.  But religion is only one of many ways in which students ostracize others, and usually not the most common or damaging one.SteveOn May 23, 2006, at 12:03 PM, Rick Duncan wrote:Link (See also link)     Excerpt from the second link):        High School Students Defy ACLU and Court  May 20, 2006 01:43 PM EST     By Sher Zieve – Despite U.S. District Judge Joseph McKinley’s ruling that no prayer was to be allowed at Kentucky’s Russell County High School commencement ceremonies, at least 200 students recited the Lord’s Prayer during the ceremony. The ACLU had argued to have prayer banned at graduation, due to a complaint from 1 student.  Thunderous applause is said to have broken out towards the end of the prayer and senior Megan Chapman continued with her praise, when she said that her fellow students should trust God as they continue their lives after high school.Chapman commented "It [the prayer] made the whole senior class come together as one and I think that's the best way to go out", then added: "More glory went to God because of something like that than if I had just simply said a prayer like I was supposed to."Every year in May there are stories of liberty like these.      I love it when young men and women take a stand for free speech and religious liberty!       Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902     "It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence."  --J. Budziszewski (The Revenge of Conscience)     "Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id. 		Be a chatter box. Enjoy free PC-to-PC calls  with Yahoo! Messenger with Voice.___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease 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.  -- Prof. Steven D. Jamar                               vox:  202-806-8017Howard University School of Law                     fax:  202-806-85672900 Van Ness Street NW                   mailto:[EMAIL PROTECTED]Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/"Politics hates a vacuum.  If it isn't filled with hope, someone will fill it with fear."Naomi Klein ___
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Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Paul Finkelman




why is this a story of liberty?  the liberty of the majority to oppress the
minority?
by the way, Rick, was it the Protestant or the Catholic Lord's Prayer they
wanted to say.

Rick Duncan wrote:

  Link (See
also link)
  
   
  
  Excerpt from the second link):
  
   
  
   
  
  High School Students Defy ACLU
and Court
  
  May
20, 2006 01:43 PM EST
  
   
  
  By Sher Zieve – Despite U.S.
District Judge Joseph McKinley’s ruling that no prayer was to be allowed
at Kentucky’s Russell County High School commencement ceremonies, at least
200 students recited the Lord’s Prayer during the ceremony. The ACLU had
argued to have  prayer banned at graduation, due to a complaint from 1 student.
  
  Thunderous applause is said to
have broken out towards the end of the prayer and senior Megan Chapman continued
with her praise, when she said that her fellow students should trust God
as they continue their lives after high school.
  
Chapman commented "It [the prayer] made the whole senior class come together
as one and I think that's the best way to go out", then added: "More glory
went to God because of something like that than if I had just simply said
a prayer like I was supposed to."
  
  
  
  
  Every year in May there are stories of liberty like these. 
  
   
  
  I love it when young men and women take a stand for free speech and
religious liberty!  
  
   
  
  

  Rick Duncan 
Welpton Professor of Law 
University of Nebraska  College of Law 
Lincoln, NE 68583-0902
  
   
  
  
"It's a funny thing about us human beings: not many of us doubt God's existence
and then start sinning. Most of us sin and then start doubting His existence." 
--J. Budziszewski (The Revenge of Conscience)
  
   
  
  "Once again the ancient maxim is vindicated, that the perversion of
the best is the worst." -- Id.
  
   		
  Be a chatter box. Enjoy free
PC-to-PC calls  with Yahoo! Messenger with Voice. 
  

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-- 
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]



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Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread Mark Graber
Reminds me of the Dartmouth College graduation, 1978, where every member of the 
graduating class was asked to stand up and thank Jesus for the moment.  I can 
assure Professor Duncan that some members of the Dartmouth class, and I suspect 
some members of Russell County High School, did not feel as if we had all come 
together as one.  

Mark A. Graber

>>> [EMAIL PROTECTED] 05/23/06 12:03 PM >>>
Link (See also link)
   
  Excerpt from the second link):
   
   
  High School Students Defy ACLU and Court
  May 20, 2006 01:43 PM EST
   
  By Sher Zieve * Despite U.S. District Judge Joseph McKinley’s ruling that no 
prayer was to be allowed at Kentucky’s Russell County High School commencement 
ceremonies, at least 200 students recited the Lord’s Prayer during the 
ceremony. The ACLU had argued to have prayer banned at graduation, due to a 
complaint from 1 student.
  Thunderous applause is said to have broken out towards the end of the prayer 
and senior Megan Chapman continued with her praise, when she said that her 
fellow students should trust God as they continue their lives after high school.

Chapman commented "It [the prayer] made the whole senior class come together as 
one and I think that's the best way to go out", then added: "More glory went to 
God because of something like that than if I had just simply said a prayer like 
I was supposed to."
  

  Every year in May there are stories of liberty like these. 
   
  I love it when young men and women take a stand for free speech and religious 
liberty!  
   


  Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902
   
  
"It's a funny thing about us human beings: not many of us doubt God's existence 
and then start sinning. Most of us sin and then start doubting His existence."  
--J. Budziszewski (The Revenge of Conscience)
   
  "Once again the ancient maxim is vindicated, that the perversion of the best 
is the worst." -- Id.



-
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Teenagers &The Spirit of Liberty

2006-05-23 Thread Rick Duncan
Link (See also link)     Excerpt from the second link):        High School Students Defy ACLU and Court  May 20, 2006 01:43 PM EST     By Sher Zieve – Despite U.S. District Judge Joseph McKinley’s ruling that no prayer was to be allowed at Kentucky’s Russell County High School commencement ceremonies, at least 200 students recited the Lord’s Prayer during the ceremony. The ACLU had argued to have
 prayer banned at graduation, due to a complaint from 1 student.  Thunderous applause is said to have broken out towards the end of the prayer and senior Megan Chapman continued with her praise, when she said that her fellow students should trust God as they continue their lives after high school.Chapman commented "It [the prayer] made the whole senior class come together as one and I think that's the best way to go out", then added: "More glory went to God because of something like that than if I had just simply said a prayer like I was supposed to."Every year in May there are stories of liberty like these.      I love it when young men and women take a stand for free speech and religious liberty!       Rick Duncan Welpton Professor of Law University of Nebraska
 College of Law Lincoln, NE 68583-0902     "It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence."  --J. Budziszewski (The Revenge of Conscience)     "Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id.
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