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Originally Posted by
pervy_sage
Take a look at Supreme Court case - Good News Club v. Milford Central School (my alma mater btw) in regard to public facilities and use. If I am reading it correctly, it is a matter of viewpoint discrimination (Freedom of speech clause - first amendment) vs subject discrimination (establishment clause - first amendment).
If the folks in the shelter were speaking about current events in a religious context relative to their faith, then it would have been covered under free speech.
An outright sermon or practicing of an organized religious ritual (like group prayer) in a publicly funded facility violates the establishment clause, and the OP would have been well within his rights to object.
What most people get confused or pissed off about and misinterpret as government repressing religion is actually the government preventing any one religion from gaming the system. The constitutional system is obligated by the constitution itself to uphold freedom of religion, but to not take a position nor expend public resources that benefits any religious group over another. In essence equal protection and equal treatment under the law.
But I'm no lawyer.
BTW, I'm not familar with the case you cited above, but I did a quick seach of it. While I didn't read the entire thing, I don't think it applies at all in this case. It does seem to be a case of religious indoctrination in a school. Here's an excerpt:
In response to a letter submitted by the Club's counsel, Milford's attorney requested information to clarify the nature of the Club's activities. The Club sent a set of materials used or distributed at the meetings and the following description of its meeting:"The Club opens its session with Ms. Fournier taking attendance. As she calls a child's name, if the child recites a Bible verse the child receives a treat. After attendance, the Club sings songs. Next Club members engage in games that involve, inter alia, learning Bible verses. Ms. Fournier then relates a Bible story and explains how it applies to Club members' lives. The Club closes with prayer. Finally, Ms. Fournier distributes treats and the Bible verses for memorization." App. in No. 98-9494 (CA2), at A-30.
McGruder and Milford's attorney reviewed the materials and concluded that "the kinds of activities proposed to be 104*104 engaged in by the Good News Club were not a discussion of secular subjects such as child rearing, development of character and development of morals from a religious perspective, but were in fact the equivalent of religious instruction itself." Id., at A-25. In February 1997, the Milford Board of Education adopted a resolution rejecting the Club's request to use Milford's facilities "for the purpose of conducting religious instruction and Bible study." Id., at A-56.