HAnsen v. Ann Arbor Public Schools 293 FSupp2d 780

[Michael MASINTER]

I would not assume on the basis of the single reference to a deposition
that the ACLU saw nothing wrong with excluding some religious points of
view; who knows 1) who the deponent talked to; 2) what he told that
person, and 3) what that person said.

The ACLU did not represent either party in Hurley; it lists Hurley as one
of its 100 greatest hits:
http://www.aclu.org/TakeAction/TakeAction.cfm?ID=11927&c=242

Michael R. Masinter			3305 College Avenue
Nova Southeastern University		Fort Lauderdale, Fl. 33314
Shepard Broad Law Center		(954) 262-6151
masinter at nova.edu			Chair, ACLU of Florida Legal Panel

On Mon, 19 Apr 2004, AJCONGRESS wrote:

> The Establishment Clause violation in cases seems so blatant-and the ACLU
> usually so vigilant about such violations-that it is noteworthy that it
> reportedly saw nothing wrong with excluding other religious points of view
> from the panel.This is especially so since in the Boston parade cases,if
> memory serves,the ACLU did not support the right of parade organizers to
> exclude  marchers expressing a gay rights point of view.
> I agree with your  criticism of the language of the  opinion.
> ----- Original Message -----
> From: "Michael MASINTER" <masinter at nova.edu>
> To: "Law & Religion issues for Law Academics" <religionlaw at lists.ucla.edu>
> Sent: Monday, April 19, 2004 4:43 PM
> Subject: Re: HAnsen v. Ann Arbor Public Schools 293 FSupp2d 780
> 
> 
> > I wonder about the reference below to the ACLU.  The ACLU did not
> > represent any of the parties to this litigation; the sole reference to the
> > ACLU is reported deposition testimony of one defendant in which he is said
> > to have claimed that he had contacted the ACLU to determine whether the
> > first amendment required a particular course of action.  293 F. Supp. 2d
> > at 790 n.13.
> >
> > I also wonder about the care that goes into judicial writing (and perhaps
> > reasoning) that describes panelists with religious beliefs that do not
> > condemn homosexuality as:
> >
> > "six pro-homosexual adult clergy and religious leaders"
> >
> > 293 F. Supp. 2d at 791.
> >
> >
> >
> >
> > Michael R. Masinter 3305 College Avenue
> > Nova Southeastern University Fort Lauderdale, Fl. 33314
> > Shepard Broad Law Center (954) 262-6151
> > masinter at nova.edu Chair, ACLU of Florida Legal Panel
> >
> > On Mon, 19 Apr 2004, AJCONGRESS wrote:
> >
> > > I just stumbled across the above captioned case.The Ann Arbor School
> > > District sponsored a diversity week.It delegated to the Gay Straight
> > > Alliance(GSA) club the responsiblity of conducting a panel on sexual
> > > orientation as part of the offical school program.GSA decided on a
> panel in
> > > which 6 ministers explained why homosexuality was not forbidden by the
> > > Bible.The GSA refused a Catholic student's request to allow a minister
> with
> > > an opposing point of view to participate on this panel It decison ot
> > > exclcude different points of view  was upheld by school
> > > authorities.Apparently the ACLU also supported the club's refusal.)
> > > The trial court found both view point discrimination and an
> establishment of
> > > religion in this arraingement.
> > > I do not know if an appeal has been taken.
> > > Marc Stern
> > >
> > >
> > > _______________________________________________
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> >
> >
> >
> > _______________________________________________
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> 
> 
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