Church is not an option

[Scarberry, Mark]

The analyses in the various opinions puzzle me. Assuming the policy of prohibiting mention of religious bereavement counseling options was set up by a state actor, why doesn't that policy violate the Establishment Clause? It's principal effect seems to be to inhibit religion. Here the client had indicated a religious commitment; to require the employee/student to ignore that information and to not even mention the possibility of religious bereavement counseling is actively hostile to religion. In effect it sets up a secular orthodoxy in dealing with a matter that for thousands of years has been an important part of religious practice.
 
If the policy is impermissible under the Establishment Clause, then Pickering test would not be applicable with respect to disciplining the employee/student for violation of the policy; perhaps it would be better to say that there would be no need to discuss the employee/student's Free Speech rights, and thus Pickering would be irrelevant. In addition, all the discussion about whether the employee/student had a religious belief requiring that he mention the religious bereavement option would be unnecessary, because there would be no need to engage in a Free Exercise analysis.
 
Mark Scarberry
Pepperdine

________________________________

From: religionlaw-bounces at lists.ucla.edu on behalf of Joel Sogol
Sent: Fri 8/17/2007 12:07 PM
To: religionlaw at lists.ucla.edu
Subject: Church is not an option



Student dismissed from practicum for recommending church as an option for bereavement counseling?

 

http://www.ca11.uscourts.gov/opinions/ops/200513852.pdf <http://www.ca11.uscourts.gov/opinions/ops/200513852.pdf> 

 

 

Joel L. Sogol

811 21st Ave.

Tuscaloosa, ALabama  35401

ph (205) 345-0966

fx (205) 345-0971

email:  jlsatty at wwisp.com

 

Ben Franklin observed that truth wins a fair fight - which is why we have evidence rules in U.S. courts.

 

 

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