indana legislative prayer

2005-12-01 Thread Marc Stern








Attached is the decision invalidating Indianas legislative
prayer on the ground that it was too sectarian.

Marc Stern


















Title: U.S. District Court - Southern District of Indiana

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RE: indana legislative prayer

2005-12-01 Thread Joel








I am unable to open the attachment. Could
you provide a site?





Joel L. Sogol

Attorney at Law

811 21st Ave.

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.











From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Marc Stern
Sent: Thursday, December 01, 2005
10:47 AM
To: Law  Religion issues for
Law Academics
Subject: indana legislative prayer





Attached is the decision invalidating Indianas
legislative prayer on the ground that it was too sectarian.

Marc Stern


















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RE: indana legislative prayer

2005-12-01 Thread Marc Stern








It is available on the website of the
District Court for the Southern District of Indiana.

Marc Un











From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Joel
Sent: Thursday, December 01, 2005
12:52 PM
To: 'Law  Religion issues for
Law Academics'
Subject: RE: indana legislative
prayer





I am unable to open the attachment. Could
you provide a site?





Joel L. Sogol

Attorney at Law

811 21st Ave.

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.











From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Marc Stern
Sent: Thursday, December 01, 2005
10:47 AM
To: Law  Religion issues for
Law Academics
Subject: indana legislative prayer





Attached is the decision invalidating Indianas
legislative prayer on the ground that it was too sectarian.

Marc Stern


















___
To post, send message to Religionlaw@lists.ucla.edu
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RE: indana legislative prayer

2005-12-01 Thread Conkle, Daniel O.
Title: Message



Not 
surprisingly, this decision is getting a lot of attention here in the 
heartland. Both the Republican Speaker of the Indiana House (the defendant 
in the case) and the Democratic minority leader are strongly critical of the 
ruling, calling itinconsistent with longstanding tradition, religious 
freedom, the free speech of the invited ministers, etc.

For myself, I 
think Judge Hamilton's opinion generally is quite thoughtful and 
well-reasoned

Even so, I 
had a few questions after reading the opinion:

(1) Is Judge 
Hamilton's ruling affirming taxpayer standing well-grounded, even though there 
is no specific governmental expenditure that is directly linked to impermissible 
*sectarian* as opposed to permissible *nonsectarian* prayer? (I think 
there may be a "level of generality" sort of issue here.)

(2) On the 
merits, is judicial relief appropriate only because the prayers have been 
predominately sectarian? Or could a similar injunction properly be issued 
against other legislatures or city councils, etc.,based on a far less 
pervasive problem, e.g., on evidence that an occasional prayer by an invited 
clergy person has been concluded "in the name of Jesus," 
etc.?

(3) Is 
the opinion a bit overbroad in barring all prayers that "us[e] Christ's name 
or title or any other denominational appeal"? 

Dan Conkle ** Daniel O. Conkle Professor of Law Indiana University School of Law 
Bloomington, Indiana 
47405 (812) 
855-4331 fax (812) 
855-0555 e-mail 
[EMAIL PROTECTED] ** 


-Original Message-From: 
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
On Behalf Of Marc SternSent: Thursday, December 01, 2005 11:47 
AMTo: Law  Religion issues for Law AcademicsSubject: 
indana legislative prayer

  
  Attached is the 
  decision invalidating Indianas legislative prayer on the ground 
  that it was too sectarian.
  Marc 
  Stern
  
  
  
  
  
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RE: indana legislative prayer

2005-12-01 Thread Conkle, Daniel O.
Title: Message



It's the 
first opinion on the following web site:

http://www.insd.uscourts.gov/

The case 
isHinrichs v. Bosma.

Dan 
Conkle


  
  -Original Message-From: 
  [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
  On Behalf Of JoelSent: Thursday, December 01, 2005 12:52 
  PMTo: 'Law  Religion issues for Law 
  Academics'Subject: RE: indana legislative 
  prayer
  
  I am unable to open 
  the attachment. Could you provide a site?
  
  
  Joel L. 
  Sogol
  Attorney at 
  Law
  811 21st 
  Ave.
  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.
  
  
  
  
  From: 
  [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
  On Behalf Of Marc 
  SternSent: Thursday, 
  December 01, 2005 10:47 AMTo: Law  Religion issues for Law 
  AcademicsSubject: indana 
  legislative prayer
  
  Attached is the 
  decision invalidating Indianas legislative prayer on the ground 
  that it was too sectarian.
  Marc 
  Stern
  
  
  
  
  
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