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To: epicure who wrote (3181)	10/10/2001 2:56:33 PM
From: elpolvo	Read Replies (1) \| Respond to of 51706

Xie- Supreme Court now insists that government must help establish religions. this sentence needs a little re-writing if it's going to be descriptive of the article your link points to. -perfesser polvo

To: epicure who wrote (3181)	10/10/2001 4:44:21 PM
From: Lane3	Read Replies (2) \| Respond to of 51706

At today's WH briefing, Ari Fleischer was asked for examples for what we little people can do in support of the war. His suggestion was to have all school children say the Pledge of Allegiance daily. Yesterday evening on Fox News I heard a snippet of a report, which I have not been able to find elsewhere, that in Wisconsin, schools had a choice of the Pledge or the National Anthem to start the day and that some, many, most were opting for the Anthem because of the "under God." Brit Hume rolled his eyes rather conspicuously at that. Re Tucson, here's the local version of the story, which I've been following. Tucson, Arizona Wednesday, 10 October 2001 Prayer Day at Reid Park suit is given new chance By Joseph Barrios ARIZONA DAILY STAR The U.S. Supreme Court has ordered an appeals court to take another look at a lawsuit filed by a Tucson couple because the city of Tucson refused to waive fees for a National Day of Prayer event at Reid Park. The city of Tucson's victory in the 9th U.S. Circuit Court of Appeals was annulled in light of a Supreme Court decision that allowed an after-school Bible study group in New York to meet in a public building. When Patricia and Robert Gentala organized the National Day of Prayer event in May 1997 at Reid Park, they asked the city to waive $340 worth of fees including lighting and trash collection. City officials denied the request, saying city policy and First Amendment case law prohibits financial assistance for events held in direct support of religion. The event took place anyway and about 1,000 people attended to hear music played by two bands and prayer led by nine pastors. The Gentalas filed a lawsuit in federal court, where a district judge ruled for the city. They appealed in the 9th Circuit, where a three-member panel of judges ruled for them. But an 11-judge panel later affirmed the lower court ruling because the city's argument was "constitutionally defensible." More than two months later, the Supreme Court ruled in favor of the Good News Bible Club, a group that filed a lawsuit because it was not allowed to hold meetings at a public school after hours. The court ruled that denying a group equal access to government facilities just because the group planned to communicate a religious message violated club members' constitutional right to free speech. Walter Weber, a Virginia attorney representing the Gentalas, then filed a petition with the Supreme Court, arguing that the appeals court ruling in the Gentala case was inconsistent with the Good News Club ruling. The justices vacated the 9th Circuit ruling and sent the case back for reconsideration. Weber said the appeals court can uphold its original decision, reverse itself and rule in favor of the Gentalas or even send it back to the original federal court for reconsideration. The appeals court's "hands aren't tied" because the Supreme Court reversed the ruling, Weber said. Robert Gentala, "delighted" by the decision, said the case is not really about recovering costs for the event. "It's over whether any government can or should have different rules for religious organizations than it should over other organizations," Gentala said. "The government should be blind as to whether religion is involved or not. It shouldn't care if I'm Boy Scouts, a church group or civic group." City officials partially expected the Supreme Court decision and are still confident their position will be affirmed, said Merle Turchik, the assistant city attorney handling the case. She said the Supreme Court could have chosen to overturn the decision. "The Good News Club case was solely an access case, solely dealing with if a club had the right to use a school facility," Turchik said. "We ultimately will prevail. Our case is really much more about government funding and endorsement. We have significant, additional legal issues that were not addressed" in the Good News Bible Club case. azstarnet.com