Religious discrimination

[Prof. Steven D. Jamar, Dir. LRW Program]

Hank Stanley wrote:

> I appreciate your comments.  Just a couple of points, if I could.
>
> 1) We've already told the company the web site would NOT be used for
> proselytizing, etc., but only for announcements and general info.
>
> 2) What about the extra-legal aspect of the situation: If homosexuality is
> against someone's religion, does the promotion of that lifestyle (however
> benign that may be since it's assumed they won't be able to use their web
> page to "proselytize" either) present an unfair "advantage" over the
> Christian group that is being denied a similar "counter-balancing" web
> page?  (Wait, let me guess: that really wouldn't do the Christian group any
> good, but probably merely result in the gay/lesbians losing their page?)

Well, could another group then put up an anti-Christian page to counterbalance
what they don't believe in or what they believe as a matter of morality,
theology, politics, and justice is not only wrong but nefarious and damaging?  It
seems that a Christian group announcing announcing meeting times and events and
the like, including the next meeting of Promise Keepers (assuming there is a next
meeting), is more appropriate and more of the counter-balance to what the
gay/lesbians are probably doing.  Having links to other Christian sites (which
would likely include in some cases at least gay-bashing) would seem ok, but on
the page itself (not the link) there would be some problem perhaps - at least
practically speaking.

Anyway, I think the counter-balance idea is not workable.  And the idea that mere
existence of a themed page promotes something seems similarly unworkable as a
grounds to restrict or to give rise to a right to "counter" the promotion.

Does merely providing information promote the thing?  I guess I don't want to
water down "promote" that much.  And if this were true, then Philip Johnson is
promoting non-directed evolution and the Christian apologists who bash the Jesus
Seminar are promoting the findings of that group and that group is promoting the
opposite of what it is finding.

Hmmm.  Maybe there is something here - no such thing as bad  publicity?  :)

Cheers,
Steve
--
Steven D. Jamar
Professor of Law
Director, Legal Research & Writing Program
Howard University School of Law
2900 Van Ness Street N.W.
Washington, D.C.  20008

President, Legal Writing Institute

vox:  202-806-8017  fax:  202-806-8428
email:  sjamar at law.howard.edu