Floodwaters and Undermined Walls

[Dave Ball]

I'm with Frances, in terms of the Establishment Clause issue that Jim
has raised.
In terms of the issue, this to me is just like the latitude that Bill
Marshall has argued should be granted regarding post-9/11 religious
observances.
 
To quote Bill's article, "The Limits of Secularism: Public Religious
Expression in Moments of National Crisis and Tragedy," 78 Notre Dame L.
Rev. 11 (2002) (the title really says it all):

"In the end, I suggest in this Essay that the tension between the
constitutional commitment to anti-establishment and the societal need to
engage in collective religious exercise can be accommodated by a
doctrine that allows for government support for religion in limited and
exceptional circumstances....  The constitutional value of secularism is
in its instrumental role, not in its own orthodoxy.  As such, the
adherence to secularism need not be absolute.  There may be moments of
national crisis and grief when instrumental values pale and it becomes
constitutionally permissible to pierce the secular veneer."  
 
Marshall, 78 Notre Dame L. Rev. at 33.
 

David T. Ball, Esq.
Associate Director
Ohio Legal Assistance Foundation
10 W. Broad St., Suite 950
Columbus, OH  43215
voice: 614-644-1582
fax: 614-728-3749
cell: 614-316-8222
www.olaf.org 

 

________________________________

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of FRAP428 at aol.com
Sent: Thursday, September 01, 2005 1:11 PM
To: religionlaw at lists.ucla.edu
Subject: Re: Floodwaters and Undermined Walls


Jim Henderson, you are beyond disgusting.  People are dying. They were
gasping out their last breaths or cradling a loved one--a child, a
mother or father--in distress as you wrote your post. Save your
idelogical arguments for another time. I'm sorry, Eugene, but this is
too much so don't bother to scold/reprove. Perhaps I no longer want to
be part of this listserv when one of its members demonstrates such cruel
indifference to human grief and suffering. 

Frances R. A. Paterson, J.D., Ed.D.
Associate Professor
Department of Educational Leadership
Valdosta State University
Valdosta, GA 31698 
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