Obviously, the Christian Taliban is still hard at work trying to bypass the Firdt Amendment. Could someone please explain to me how this can pass constitutional muster? It obviously can's pass the Lemon Test:
1. The government's action must have a secular legislative purpose; 2. The government's action must not have the primary effect of either advancing or inhibiting religion; 3. The government's action must not result in an "excessive government entanglement" with religion.
and according to Americans United, "It’s a long-settled principle of law that the government cannot condition a desirable benefit, such as staying out of jail, on a person’s willingness to adopt a certain faith or even be exposed to it. This program is patently unconstitutional, and if the city insists on going ahead with it, it’s only a matter of time before someone sues."Link
"The genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs." -- Justice William Brennan: Speech to the Text and Teaching Symposium at Georgetown University,(October 12, 1985)