In Sklar v. Clough, (ND GA, April 29, 2008), a Georgia federal district court found
substantial problems with material included in a training manual used in Georgia
Institute of Technology's "Safe Space" program. Safe Space is designed to create
a supportive environment on campus for gay, lesbian, bisexual and transgender
students. In an 84-page opinion, the court focused on material dealing with the
views of various religious groups regarding homosexuality. It held that
inclusion of this material violates the Establishment Clause by favoring some
religious beliefs over others.
In the opinion the court also dismissed claims regarding use of student
activity fees because there had not been adequate proof of the responsibility of
the specific named defendants. However the court suggested that a suit against
proper defendants could well be successful. It said the school's policy against
funding religious activities with student fees is administered in a manner that
"is whimsical and would appear to exceed even an arbitrary and capricious
standard." Alliance Defense Fund yesterday issued a release reporting on the court's decision. Also the Atlanta Journal Constitution and Inside Higher Education both report on it. (See prior related posting.)
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Sunday, April 27, 2008
"Court Finds Church-State Problems With University Training Manual"
From the Religion Clause blog:
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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