Re: Towards a resolution: Part 2

Stan wrote:
Chimp wrote:
Stan wrote:

And if so, a public school may not charter a youth
group that requires a boy to accept that he is
among whose saved by Jesus, or that he is among
those under God or who trust in God.

Can we agree on that basic point and then move on?

The problem here is that the basis for your assertion is LAW and not
the Constitution, and the law can easily be changed. It's unclear if a
challenge to the sponsorship of BSA units by schools would succeed if
the only basis is the First Amendment.

The above is flat out false. My assertion is not based on
law, it is based on the 1st Amendment as interpreted by
the Supreme Court in its rulings West Virginia State Board
of Education v. Barnette (1943) and Everson v. Board of
Education (1947) and many concurring rulings since then.

And, if you read the above rulings, and things like
Lee v. Weisman (1992) and Santa Fe Independent School
Dist. v. Doe (2000) it is entirely clear that the 1st Amendment
alone rules out school sponsorship of anything requiring
a "duty to God" oath.

That is why the BSA National decided not even to fight
the ACLU's suits. You call yourself a lawyer? Have you
read the above 4 Supreme Court rulings?

I never called myself a lawyer. I'm a Computer Programmer, having
majored in Electrical Engineering in the late 1960's.

Apologies, I misinterpreted your explanation yesterday
"Lawyers will use the best strategy they can to prove
their point" to mean that you were a lawyer.

Anyhow, if you read the above cited rulings you will
find that they are all based on the 1st Amendment,
and that it is abundantly clear that a _requirement_ for
a "duty to God" oath for _anything_ associated with
a public school is a complete non-starter, without
massive overturning of numerous Supreme Court
decisions.

Which is why BSA National chose not even to fight.

Chimp

.

Relevant Pages

  • Re: Towards a resolution: Part 2
    ... But moving on from that agreement, a public school may ... accept that he among those "under God" or "trusting ... the only basis is the First Amendment. ... Education and many concurring rulings since then. ...
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  • Re: Towards a resolution: Part 2
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