Essay

Rhonda Religious founded a new group, Rhondalon, based on many of the worlds
major religions as well as Rhondas somewhat eccentric views. Rhondalon followers
believe that in order to achieve spiritual wholeness, an individual is required to observe a
period of rest and contemplation every Wednesday morning. This has created a problem
for the school-age children in the Rhondalon group who missed several mornings of
school this past year. The public school district does not make any exceptions to its
attendance requirement for religious observance. Moreover, the school district does not
make any exceptions for students who do not wish to participate in the required daily
recitation of the school creed. Rhondalon followers do not believe in the recitation of any
creeds or mottos.
As a result of Rhondalons ongoing conflict with the public schools, Rhonda decided to
run for a seat on the local school board. During election season the school board passed a
resolution that denounced members of cults and personality-driven religious groups
and urged that future schools policies not be addressed to the needs of obscure religions.
Around the same time the school board passed a rule that states: No special
accommodation will be given to any group which requires tardiness or truancy of its
members. Several school board members mentioned Rhondalon by name at the school
board meeting in which the rule was passed. A week later Rhonda lost the election.
Rhonda decided that the best way to gain public acceptance for Rhondalon would be to
educate the public about her group. Rhonda commissioned a large, bronze monument
that displayed in capital letters the name, RHONDALON, and several of the groups
tenets. When the monument was finished in December, Rhonda offered to donate the
monument to the local public park which already displays a Ten Commandments
monument and several other monuments relating to the town. During the month of
December the park also contains several religious and holiday-themed displays. The park
commissioner refused Rhondas proposed monument on the dual grounds that Rhondas
monument was inconsistent with the history of the town and that there was no more space
in the park for permanent monuments.
Rhonda kept the monument at the Rhondalon headquarters and decided to open an
elementary school. Rhonda hired a former public school teacher and Rhondalon member,
Mike Member, to lead the schools Wednesday morning rest and contemplation ritual, but
after only two months Mike was fired. Mike recently filed a gender discrimination
lawsuit against his former employer, Rhondalon, in state court. Rhonda received a
subpoena to appear in court and testify on the following Wednesday at 9:00 a.m.
Based on the foregoing facts, identify the First Amendment issues raised in the
problem. How should the issues be resolved?

Issues
1. Schools creed Right not to speak Compelled Orthodoxy (West VA Board of
Education v. Barnette)
2. Mike Member sued under gender discrimination, and, IF hes a minister, then he
would be covered under the ministerial exception (Hosanna-Tabor Evangelical
Lutheran Church & School v. EEOC).. If hes NOT a minister, then
3. School attendance: Yoder, Sherbert, but Smith is the most important case. If
compelling state interest (Yoder), compulsory attendance laws, but on the other
hand, Smith (neutral law of general applicability) argues against a presumptive
exemption. Yoder for Hybrid Rights, Free Exercise and Free of Association
4. Free Exercise Targeting(Lukumi) and Establishment Denominational
Neutrality (Larson) [Strict Scrutiny]
5. Park monument
a. Free Speech Clause (temporary)
b. Govt Speech (Permanent Sumum)
c. Establishment Clause
i. Age.. If been there for a while, looks like not violative of EC.
6. Subpoena (neutral law; general applicability Smith; no evidence of targeting):
7. No Endorsement test (EC): Monument test;
8. Mike Member (Expressive Association); maybe she said, you cant bring this law
suit (Roberts v. Jaycees) (Forced Inclusions)

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