[Eugene Volokh, November 3, 2006 at 5:27pm] Trackbacks
Prof. Rick Garnett on Religion and Divisiveness:

A nice op-ed, focusing chiefly on the Ninth Circuit's Faith Center Church v. Glover case, and especially Judge Karlton's concurrence.

ReaderY:
There are plenty of places in the world where people are killing each other due to (for example) polical or tribal/kinship distinctions. Wouldn't it be equally reasonable to exclude political events and family reunions? I don't understand why one possible source of human contention is singled out, but not others.

In any event, it seems a bit of chutzpah for a lower court judge to include a lecture that the Supreme Court is wrong in an opinion. Such language gives rise to an impression that following Supreme Court precedent, as judges are supposed to do, would result in a different conclusion.
11.4.2006 10:55pm
Clayton E. Cramer (mail) (www):
What makes this especially obnoxious is that while Judge Karlton is prepared to quote Jefferson as an authority to prevent a church from using public meeting rooms, Jefferson allowed a variety of government buildings in Washington to be used for church services when he was president:


It is no exaggeration to say that on Sundays in Washington during the administrations of Thomas Jefferson (1801-1809) and of James Madison (1809-1817) the state became the church. Within a year of his inauguration, Jefferson began attending church services in the House of Representatives. Madison followed Jefferson's example, although unlike Jefferson, who rode on horseback to church in the Capitol, Madison came in a coach and four. Worship services in the House--a practice that continued until after the Civil War--were acceptable to Jefferson because they were nondiscriminatory and voluntary. Preachers of every Protestant denomination appeared. (Catholic priests began officiating in 1826.) As early as January 1806 a female evangelist, Dorothy Ripley, delivered a camp meeting-style exhortation in the House to Jefferson, Vice President Aaron Burr, and a "crowded audience." Throughout his administration Jefferson permitted church services in executive branch buildings. The Gospel was also preached in the Supreme Court chambers.
I think it would be more honest for Judge Karlton (among other lawyers) to just go ahead and admit that they believe that religion is a less respectable form of opinion than say, a crucifix dipped in urine, and therefore deserving of less protection under the First Amendment.
11.5.2006 2:14am