Opinion

Kay v. David Douglas School District No. 40

  • 79 Or. App. 384
  • 719 P.2d 875
Court
Court of Appeals of Oregon
Filed
May 21, 1986
Status
Published
Author
Warren
On the bench
Buttler, Warren, Rossman, Respectfully
Cited by
12 cases

Reversed on other grounds by Kay v. David Douglas School District No. 40, 303 Or. 574 (1987)

The opinion

WARREN, J.,

concurring.

Although the dissent makes the point that other examples of governmental nonneutrality toward religion are common, those examples prove nothing relevant to the constitutional challenge made here. It is no answer in this case that attendance at the commencement is voluntary, and it is no answer that there may be other inconsistencies between what government does and what it should do. As the lead opinion points out, certain originally religious references have acquired, over time, nonreligious significance. The prayer proposed to be offered at the commencement in this case does not fall within that category.

The greatness of this democracy is due in no small measure to the fact that we adhere to the principle that, although the majority rules, the rights of minorities are fiercely respected. No student or parent entitled to attend a commencement ceremony or any other governmentally sponsored event should feel a need to remain away or compromise principles because he or she holds beliefs at variance with those of the majority of American citizens.

I join in Judge Buttler’s opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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