Establishment of Religion/free Exercise

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abenson25
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Joined: Mon May 10, 2010 2:18 pm

Establishment of Religion/free Exercise

Postby abenson25 » Sat Apr 21, 2012 5:01 pm

I am going over old exams that my professor has, and in one there is a part in which an airport creates two rooms within the airport, one fore private reflection and the other for public worship, in which the public worship room can be used, rent free, by any religious group, as long as all religious articles and symbols used in the service must be removed by that group at the end of the service.

This obviously brings up issues about Establishment of religion issues, but I am struggling how to analyze it since it is not endorsing any religion. I want to do the test from Lemon, and that it fails because the law does not have a secular purpose. It also appears to advance religion. Is that the only to do that, or am I missing something?

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crossarmant
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Re: Establishment of Religion/free Exercise

Postby crossarmant » Sat Apr 21, 2012 5:19 pm

abenson25 wrote:I am going over old exams that my professor has, and in one there is a part in which an airport creates two rooms within the airport, one fore private reflection and the other for public worship, in which the public worship room can be used, rent free, by any religious group, as long as all religious articles and symbols used in the service must be removed by that group at the end of the service.

This obviously brings up issues about Establishment of religion issues, but I am struggling how to analyze it since it is not endorsing any religion. I want to do the test from Lemon, and that it fails because the law does not have a secular purpose. It also appears to advance religion. Is that the only to do that, or am I missing something?


Check and see if there is sufficient "entanglement" of the airport with government, or if the the airport serves a traditionally governmental function first.

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kalvano
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Re: Establishment of Religion/free Exercise

Postby kalvano » Sat Apr 21, 2012 5:22 pm

Look at the Krishna case, that's where he is pulling a lot of it from. Krishna v. Lee.

It's a public forum and reasonableness question.

abenson25
Posts: 16
Joined: Mon May 10, 2010 2:18 pm

Re: Establishment of Religion/free Exercise

Postby abenson25 » Sun Apr 22, 2012 3:40 pm

crossarmant wrote:
abenson25 wrote:I am going over old exams that my professor has, and in one there is a part in which an airport creates two rooms within the airport, one fore private reflection and the other for public worship, in which the public worship room can be used, rent free, by any religious group, as long as all religious articles and symbols used in the service must be removed by that group at the end of the service.

This obviously brings up issues about Establishment of religion issues, but I am struggling how to analyze it since it is not endorsing any religion. I want to do the test from Lemon, and that it fails because the law does not have a secular purpose. It also appears to advance religion. Is that the only to do that, or am I missing something?


Check and see if there is sufficient "entanglement" of the airport with government, or if the the airport serves a traditionally governmental function first.


I have gone through several examples now and have trouble deciding what really is excessive entaglement?




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