Discrimination against religious meetings as violation of th

[JMHACLJ at AOL.COM]

<< The policy in the Good News club was already struck down,
 unananimously, in Lamb's Chapel. What could be the basis for
 distinction? >>

Unfortunately, no, it was not struck down.  Rather, its application in the
form of a denial of the use of facilities because "the program is religious"
was found to be an instance of prohibited viewpoint discrimination.

I often lament among my colleagues that Justice White did not apply a bit
more rigor of analysis in his opinion in Lamb's Chapel.

As a consequence, New York public schools still refuse to open their doors to
those who would present the religious perspective on issues already being
discussed in the after hours forum.  Having read both the majority and the
dissent, I think the dissent rather got the better of things in the Good News
Club case.  I only pause a moment to note that Judge Miner, who wrote the
majority opinion in Good News also authored the decision that was reversed by
the Supreme Court in Lamb's Chapel.  Kim Colby's point about hostility to
privately initiated religious activity in public schools is amptly documented
in the post-Lamb's Chapel decisions of the SDNY and 2nd Circuit.

Jim "You Can Lead a Judge To the Constitution, But You Can't Make Him Think"
Henderson
Senior Counsel
ACLJ