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Old 06-18-2003, 08:51 AM   #11
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Quote:
Originally posted by wildernesse
Good grief, the school board should have called for order--and if that didn't work, kicked the hecklers out. You don't have the right to be part of a public hearing when you can't behave.

--tibac
I agree -- it's just ridiculous that kind of behavior was even allowed.

Maybe it's time to give that school board a little unpleasant publicity -- do you think there's a chance that a letter to the editor would get published in the local paper? Maybe there could be donations taken up for a good sized advert.
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Old 06-18-2003, 09:16 AM   #12
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Our school board, in fact our entire local government, is largely Mormon. Mel is a prolific Letter to the Editor writer and yes, he wrote about this experience. He is an attorney and his daughter is on the statelegislature for chrissakes and he was treated that badly and the board did nothing about it...ugly ugly scene.

I found this case in Oregon about the Boy SCouts recruiting in schools...the judge ruled it was an okay practice, but the ACLU there was appealing the ruling. I told this lady to call the ACLU and go from there.

http://www.positiveatheism.org/writ/scout9704.htm
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Old 06-18-2003, 06:49 PM   #13
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I can't see how it's possible for a child to come home from a secular public school with a flyer from a discriminatory organization. It's just wrong. Plain and simple. I don't care how old or popular or traditional this organization is....it's wrong wrong wrong!!! Let them get solicited at some other venue, but not the public school that my tax dollars pay for!

Our legal system seems so blinded sometimes.

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Old 06-19-2003, 07:52 AM   #14
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Originally posted by trillian1
I can't see how it's possible for a child to come home from a secular public school with a flyer from a discriminatory organization. It's just wrong. Plain and simple...

Our legal system seems so blinded sometimes.
According to the Equal Access Act (EAA) and the Religious Expression in Public Schools (1995), students have the constitutional right to hand each other flyers, invite other students to church and religious activities, pray with each other, form Bible clubs, etc. The EAA outlines student rights, particularly religious activities, and it also restricts schools in the type of support they can provide. For instance, "employees or agents of the school or government are present at religious meetings only in a nonparticipatory capacity," meaning that a teacher attends the after-school Bible club as a monitor, but not as a leader.

And then there's the Boy Scouts.

The Boy Scouts are getting a pass on the EEA in many ways. Thanks to the effort of Jesse Helms (NC), Pres. Bush signed the Boy Scouts of America Equal Access Act in 2002. Here is the first lengthy sentence of the Boy Scouts Act (BSA):
Quote:
Equal Access.- Notwithstanding any other provision of law, no public elementary school, public secondary school, local educational agency, or State educational agency that has a designated open forum or a limited public forum and that receives funds made available through the Department shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in title 36 of the United States Code (as a patriotic society), that wishes to conduct a meeting within that designated open forum or limited public forum, including denying such access or opportunity or discriminating for reasons based on the membership or leadership criteria or oath of allegiance to God and country of the Boy Scouts of America or of the youth group listed in title 36 of the United States Code (as a patriotic society).
So now the Boy Scouts are not a religious organization, but a patriotic society. And we all know that atheists aren't allowed because they don't make good citizens. Think I'm kidding? This from an article in the Portland Mercury on the case Lady Shea refers to:

Quote:
In the meantime, Jack Bierwirth, Portland's District Superintendent--and Senior Vice President of Outreach for the Boy Scouts--told a television reporter that Scout leaders had told Powell that her son would be welcome in the Boy Scouts, no matter what his belief. Larry Otto, a Scout executive, later testified under oath that if a Scout leader had invited Powell's atheist son to join a troop, he would have been in violation of Boy Scout policy, stating, "Remington Powell, first-grade student, as an atheist, cannot grow up to be the best type of citizen."
Add this from the article lady Shea links to...
Quote:
Multnomah County Circuit Judge Joseph F. Ceniceros ruled that the Boy Scouts have a right to recruit in public schools, during class time, because it is not primarily a religious organization -- even though members are required to affirm a belief in "God."
..and you begin to provide the Scouts with privileges exceeding the EEA or the BSA:
  • The EEA allows for meetings during noninstructional time. Judge Ceniceros allowed the Scouts to recruit during class time.
  • The EEA calls for student-intiated, student-led meetings and says, "nonschool persons may not direct, conduct, control, or regularly attend activities of student groups." An adult, nonschool Scout leader could run the recruitment.
  • The EEA governs voluntary meetings. The Scouts may be allowed a captive audience.
  • The BSA allows the Boy Scouts equal access to school facilities before or after school hours. Judge Ceniceros allowed special access to school facilities during school hours.
I couldn't find a resolution of the case, yet. As far as I can tell, this special treatment for the Boy Scouts is still in the courts, so don't be surprised by all the blurred boundaries, confusion, and posturing.

Bottom line as I see it: If the flyer came from another student, it's completely OK. If it came from an adult recruiter (and I would include the PTA at this point, Lady Shea), it's still up in the air.
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