Comment Re:Can this be legally challenged? (Score 2, Interesting) 895
Sorry, but prayer led by state paid employees in a state-funded institution i.e. public school is obviously establishment of a state religion.
Let's try a little word substitution:
Sorry, but prayer led by state paid chaplain in a state-funded institution i.e. state penitentiary is obviously establishment of a state religion.
Or how about this one:
Sorry, but prayer led by military chaplain in a military-funded institution i.e. chapel is obviously establishment of a state religion.
What about if the "employee" is not paid? What about when congress opens its session with a prayer? (That is done at the opening of every congress, IIRC.) What about when a school sponsored club meets on the school grounds, but wants to start with a student-led prayer? (There are instances that can be cited where such things have been prohibited.) What about the case of the Boy Scout council in Philadelphia that was essentially evicted from the property the city was leasing them for $1/year? (The argument there was that the city's favorable lease to the Boy Scouts constituted an establishment of religion, because of the Boy Scouts' policy against atheists.) Is each one of those a state establishment of religion?
I'm not buying it. I'm not saying that I have the answer, but it sure is not as clear-cut as you make it out to be.