Re: US Government Sponsored Prayers and The Pledge of Allegiance

On May 9, 8:07=A0pm, Bob LeChevalier <loj...@[EMAIL PROTECTED]
> wrote:
> Josh Rosenbluth <jrosenbl...@[EMAIL PROTECTED]
> wrote:
> >> >No where does the Constitution prohibit the members of Congress from
> >> >voluntarily joining together as a body in prayer or from inviting
> >> >recognized religious leaders to lead the prayer.
>
> >> Outside a session of Congress, nowhere. =A0Inside a session of
Congress=
,
> >> in the Establishment clause and the religious test clause.
>
> >SCOTUS strognly implied otherwise in Marsh.
>
> I can't remember whether I read the decision, but my impression was
> that the court is unwilling to regulate Congress's internal operation
> directly due to separation of powers

The Court ruled the Nebraska Legislature may begin each of its
sessions with a prayer by a chaplain paid by the state with the
legislature's approval.  The same reasoning would apply to Congress.

> >> You are ignoring the religious test clause. =A0If it were
constitutiona=
l
> >> for Congress to honor someone with the permission to lead a prayer,
> >> then their religion could not be a factor and the pastafarian has as
> >> much right as the fundie to lead the prayer.
>
> >The religious test clause covers qualification for office,
>
> Not merely that. =A0It also covers a "public trust" which is any granted
> right or entitlement.

Precedential citations, and in particular what constitutes a "public
trust".

Josh Rosenbluth