Americans United: Iowa SupremeCourtRulingOnMarriageUpholdsReligious Liberty, Says Americans United

[Steve Sanders]

Rick, I think you're certainly right.  My hypo is different.  It's intended
to get at whether the decision of a counselor to turn away a religious
student on the basis of conscience could be imputed to the university as
state action.  I don't think so, but I wouldn't be surprised to see the ADF
take a stab at it. 


  _____  

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Rick Duncan
Sent: Tuesday, April 07, 2009 10:45 AM
To: Law & Religion issues for Law Academics
Subject: RE: Americans United: Iowa
SupremeCourtRulingOnMarriageUpholdsReligious Liberty, Says Americans United


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 

 <http://www.mayerbrown.com/lawyers/profile.asp?hubbardid=S597744167>
Attorney, Supreme Court and appellate litigation practice group, Mayer Brown
LLP, Chicago

Co-editor,  <http://lawprofessors.typepad.com/lgbtlaw/> Sexual Orientation
and the Law Blog

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

Email: stevesan at umich.edu

Personal home page:  <http://www.stevesanders.net/> www.stevesanders.net

 

 



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