Americans United: Iowa Supreme CourtRulingOnMarriageUpholdsReligious Liberty, Says Americans United

[Rick Duncan]

Here is the thing, Steve. May a public university officially endorse a statement, say on an official university web page, that says: "Here are the local churches that have the right view about evolution or gay rights or abortion rights or salvation or whatever."

I am not familiar with the specific ADF case, but I do know that under the Court's endorsement test state actors may not endorse particular religious beliefs about human sexuality or evolution or whatever.

Now I am not a fan of the endorsement test, but if it is the law then it would seem to be violated by a Sate University taking an official position about whether evolution or same-sex marriage or anything else is consistent with the Bible or with Christianity or any other faith. Am I wrong?

Rick Duncan 



--- On Tue, 4/7/09, Steve Sanders <stevesan at umich.edu> wrote:

From: Steve Sanders <stevesan at umich.edu>
Subject: RE: Americans United: Iowa Supreme CourtRulingOnMarriageUpholdsReligious Liberty, Says Americans United
To: "'Law & Religion issues for Law Academics'" <religionlaw at lists.ucla.edu>
Date: Tuesday, April 7, 2009, 12:21 PM



 
Let's say a student comes to a counselor in the same 
university clinical program and wants help understanding how religion might him 
better deal with his personal problems.  The counselor is an atheist and 
believes as a matter of conscience that religion does not play a valid role in 
helping people deal with their problems.  The counselor refers the student 
to another counselor.  
 
I predict that the Alliance Defense Fund would sue the 
school claiming that its counseling program was attempting to impose a certain 
(derogatory) view about religion, much as ADF recently (successfully) sued a 
university based on commentary about religious views toward homosexuality that 
appeared in student-created literature in the school's Safe Zone 
program.
 
Do Rick and Doug agree that such a suit would be silly 
and that the common-sense, live-and-let-live ethic also ought to prevail in such 
a case?
 

_____________________________________
Steve Sanders 

Attorney, Supreme Court and appellate litigation 
practice group, Mayer Brown LLP, Chicago

Co-editor, Sexual Orientation and the Law Blog

Adjunct faculty, University of Michigan Law School (Winter term 
2010)

Email: stevesan at umich.edu

Personal home page: www.stevesanders.net

 
 



      
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