Dave O.,
I was merely trying to point out that the jurisprudence is the governing
set of rules.
This was in reply to where D.F.S. pointed out that there is a philosophical
principle involved. He was asking why that has to be held to a secular
standard. A very good question. Assuming he is correct in his assertion
that a philosophical principle is involved, then how much of the base topic
is tainted by philosophy? 1% ? 99% ? How can a school board be expected to
sort this out when all the kings horses and all the kings men cannot do
so? Thus one could easily suspect that the prong of the Lemon test having
to do with excessive entanglement must raise questions. But other cases
have called for valid secular purpose, have they not?
Now, if the subject had no philosophical principle at all - such as
calculus, and is thus just purely mathematical, then the subject is purely
secular, and passes any possible Lemon test with flying colors.
I have no problem with MN as long as it stays in church, or in the
clubhouse, or is held privately. When it enters the public square - as
public policy enforced by government agencies - this is when the
jurisprudence becomes applicable.
One problem is that MN is fully intended to impact religion. That is it's
purpose. Invented by Christian theologians for the purpose of impacting
religion makes it a dangerous philosophical opinion. What if, for example,
Islamic theologians disagree with the philosophical principle? What if they
think it impacts Islam? What about other religions? Can school boards just
ignore that impact? This is why it seems to me the courts must eventually
deal with the subject of methodlogical naturalism.
Dave C (ASA)
PS, Yes, you do indeed raise interesting questions about Justice
O'Conner.
On Fri, May 16, 2008 at 8:56 AM, David Opderbeck <dopderbeck@gmail.com>
wrote:
> The *Lemon *test isn't followed precisely anymore -- or maybe more
> accurately, it isn't clear whether and to what extent the *Lemon* test
> still controls in light of Justice O'Connor's reworking of that test.
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Received on Wed May 21 12:11:14 2008
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