Proposed Religious Freedom Amendment

[Eugene Volokh]

    Here's the latest text of Rep. Ernest Istook's proposed
Religious Freedom Amendment, supposedly to be filed in Congress the
week of April 28 (available on WESTLAW in, I think, the GOVPR file):

    "To secure the people's right to acknowledge God according to
    the dictates of conscience:  The people's right to pray and to
    recognize their religious beliefs, heritage or traditions on
    public property, including schools, shall not be infringed.  The
    government shall not require any person to join in prayer or
    other religious activity, initiate or designate school prayers,
    discriminate against religion, or deny a benefit due to religion."

    There's much in the Amendment with which I agree, but let me ask:
Would it guarantee access to government property for prayer and other
religious conduct beyond what's currently provided by public forum
doctrine (or for that matter government-as-educator doctrine)?

    Also, would it overrule Lyng?

                               -- Eugene Volokh, UCLA Law