Lynn v. Sekulow

Recently in First Amendment Category

Friday October 9, 2009

Cross Should Survive Challenge

Barry, I believe the Supreme Court ultimately will conclude that the plaintiff did not have legal standing here - that this challenge was legally flawed from the very start. 

 

Merely being 'offended' does not give the plaintiff a legal green light to go to court to challenge this memorial. As you know, just because the 'standing' issue did not receive a lot of attention during oral argument does not mean the Justices are ignoring it.  They won't and in the end I believe our side will carry the day on this issue.

 

Second issue: the Establishment Clause question.  Does the placement of a cross on what was once public land - but now private land - constitute a violation of the Establishment Clause?  I believe the answer is 'no' and I am hopeful that's what a majority of the court will determine. 

Thursday October 1, 2009

From Commandments to Pledge - Federal Court Win Upholding "Under God"

Ok, Barry - looks like we won't agree on the Ten Commandments and what we consider to be the proper and constitutional displays present in Judge DeWeese's courtroom.

 

Let's try this one. 

 

A federal district court in New Hampshire has issued a decision upholding the voluntary recitation of the Pledge of Allegiance by students in school and has dismissed a lawsuit filed by the Freedom From Religion Foundation.

 

The suit was filed in 2007 against two New Hampshire public school districts and Congress on behalf of several parents and students who objected to the voluntary recitation of the Pledge of Allegiance in school.  Specifically, the lawsuit challenged the addition of the words "under God" in 1954 in the Pledge and the practice of reciting the Pledge in public schools as a patriotic exercise.

Monday August 17, 2009

White House 'Flagging' Operation Disabled

Barry, it looks like the White House got the message:  its email 'flagging' operation appears to have been disabled.

 

As I reported to you last week, the White House launched in early August what can only be described as a citizen reporting program.  The program was unveiled on the White House website by Macon Phillips, the White House Director of New Media.  As you recall, Phillips claimed that "[t]here is a lot of disinformation about health insurance reform out there" both on the web and floating around in chain emails.  Phillips stated that "[s]ince we can't keep track of all of them here at the White House, we're asking for your help. If you get an email or see something on the web about health insurance reform that seems fishy, send it to flag@whitehouse.gov."

Thursday August 6, 2009

Vouchers Work & Clear Constitutional Hurdles

Barry, I don't believe that school vouchers run afoul of the First Amendment, and neither does the Supreme Court.  In Zelman v. Simmons-Harris, a school voucher case, the Supreme Court explained that its Establishment Clause jurisprudence makes it clear that:

 

where a government aid program is neutral with respect to religion, and provides assistance directly to a broad class of citizens who, in turn, direct government aid to religious schools wholly as a result of their own genuine and independent private choice, the program is not readily subject to challenge under the Establishment Clause.

 

Even in the majority opinion in Locke v. Davey, which was joined by Justices Ginsburg, Stevens, Breyer, and Souter, the Court recognized that "[u]nder our Establishment Clause precedent, the link between government funds and religious training is broken by the independent and private choice of recipients."

Monday August 3, 2009

Volunteering Works, Vouchers Don't

Jay,

I think it's great that so many Americans want to volunteer for good causes, and I have no problem that many want to work with faith-based groups. Americans can volunteer for and/or donate to the charity of their choice; the government, however, cannot.

The First Amendment makes it clear that public funds should never go toward religious activities. Yet, certain people want to keep pushing programs that will do just that. One of those programs is happening right here in our backyard, and I would like to know how anyone can even justify it.  

The program I'm talking about is the "D.C. Opportunity Scholarship Program," which thanks to a few select senators, may be reauthorized, despite the fact that it is unconstitutional and completely unsuccessful.

Tuesday June 23, 2009

Peeps Put Focus on Landlord

I like Peeps, too.  Barry, the key issue is whether there is religious discrimination going on when it comes to the issue of the Easter Peeps. If the landlord is simply enforcing in an evenhanded manner a religion-neutral lease provision...

Tuesday June 9, 2009

Let Us Revisit Terrorist Investigations

Jay, I'd like you to revisit a little blog-versation we had a few months back.  A Department of Homeland Security memo had suggested that it was important for law enforcement agents to concern themselves with domestic, not just foreign, terrorist...

Friday May 22, 2009

Liberty University to Democratic Students: Drop Dead

Jay, just a few days ago I was a participant in an event on "church politicking" at the National Press Club here in Washington.  The event was reported by your friends over at the Christian Broadcasting Network.  The focus of...

Friday May 1, 2009

From Graduation, to Supreme Court Vacancy

Barry, the big news, of course, is the reported retirement of Supreme Court Justice David Souter.  The news comes just 102 days into the Obama Administration and sets the stage for President Obama to move to put his liberal stamp on...

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About Lynn v. Sekulow

Lynn v. Sekulow is an ongoing debate blog--a blogalogue--about how big (or little) a role faith and religion should play in American politics and government, featuring the two leading voices of the church/state battle: American Center for Law & Justice Chief Counsel Jay Sekulow and Americans United for Separation of Church and State Executive Director Rev. Barry W. Lynn.

Please note that in discussing political issues, candidates’ positions and political party statements, the Rev. Barry Lynn and Jay Sekulow are offering analysis in their individual capacities as lawyers and commentators. They are not speaking on behalf of Americans United for Separation for Church and State or for the American Center for Law & Justice. Those organizations do not endorse or oppose candidates for public office. Nothing contained in this dialogue should be construed as the positions of the respective organizations.

About the Authors

Rev. Barry W. Lynn
Executive Director of Americans United for Separation of Church and State, a nonprofit educational organization that defends religious liberty by opposing government interference in religion
» Posts by Rev. Barry W. Lynn
Jay Sekulow
Chief Counsel for the American Center for Law & Justice (ACLJ), a law firm and educational organization focused on protecting religious freedom, American families, and human life.
» Posts by Jay Sekulow
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