The Roberts Court

[Ed Brayton]

Volokh, Eugene wrote:

>    I'd think that the government religious speech cases might be coming
>back, because the last attempted resolution (in the Ten Commandments
>cases) is likely to prove quite unadministrable, and because there's a
>decent chance that now there are five votes to jettison the endorsement
>test.
>
I would agree with that. I would also add the various equal 
access/generally applicable benefits/religious discrimination cases 
going on in the Federal courts. You've got the Boy Scouts case in the 
7th circuit (can the Federal government give a special benefit to a 
private group that discriminates on the basis of religion?), the Sea 
Scouts case from the California Supreme Court (can a local government 
withhold a generally applicable benefit from a private non-profit 
because they discriminate on the basis of religion and sexual 
orientation?), and the two CLS cases on university recognition, one in 
the 7th circuit, one in the 9th, with conflicting results (must 
universities recognize student groups that discriminate on the basis of 
religion and sexual orientation?). This is an area of church/state law 
where there is a great deal of confusion. Hopefully the Court will clear 
it up.

Ed Brayton