Legal Question in Constitutional Law in North Carolina
separation of church and state
Should the youth minister of an area church be allowed to join students in a public school at lunch? Should the minister also be allowed to distribute invitations to a party at a ''fun factory'' sponsored by the church?
1 Answer from Attorneys
Re: separation of church and state
Under the First Amendment to the Constitution, the minister should be allowed the same access to the school as would be given to anyone promoting secular programs. If the school allowed him more access it would be promoting his religion and (as I see it, at least) violating the First Amendment's Establishment Clause. If the school limited his access in ways it did not apply to non-clergy, it would be restricting speech based on its content and/or viewpoint in violation of the Free Speech clause and might also be interfering in the minister's religious duties in violation of the Free Exercise clause.
The minister can be subjected to the same restrictions which apply to everyone else, but cannot be restricted more merely on the ground that he is working on behalf of a religious organization.
Reasonable people can disagree about whether this is the proper balance to strike between the competing interests, but this is what the pertinent Supreme Court decisions have held.