The Least Tolerant City In America
conlawprof at YAHOO.COM
Tue Jan 22 12:06:10 PST 2002
I have a few quick thoughts on Mark's hypothetical
"healthy sexuality" program. The city may not rank
order religious groups based upon their respective
theologies of sin. But if the government wishes to
fund a program designed to teach "healthy sexuality,"
it would seem that the state may define what "healthy
sexuality" means from the government's perspective and
then rank applications based upon the government's
evaluation of which groups would best accomplish the
government's goal of teaching a particular view (the
government's view) of healthy sexuality.
Under Rust v. Sullivan, the government may insist that
programs it funds promote the values the government
wishes promoted. And since the hypothetical program is
purely secular (teaching the government's secular view
of healthy sexuality) there is no EC issue when the
government evaluates grant applications on the basis
of which grantees could best accomplish the
As applied, of course, things could get messy, but in
theory there is no EC or Free Speech problem with the
healthy sexuality program.
Cheers, Rick Duncan
"Do you not think an angel rides in the whirlwind and directs the storm."
--President George W. Bush (quoting John Page)
"When the Round Table is broken every man must follow Galahad or Mordred; middle things are gone." -C.S. Lewis
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