Virginia's Natural Bridge Navigation Blogroll
Search

Archives Credits

Powered by
Movable Type 3.2

Site design by
Sekimori

Amazon Honor System Click Here to Pay Learn More
 
The Commons
Dr. King and the Establishment Clause
Posted by J. Bishop Grewell  ·  17 January 2006  ·  Federal Lands and Parks

A comment to my previous post raises what might be an interesting question. I am not enough of a constitutional scholar on the Establishment Clause to know the legal ramifications, but what sort of church/state issues would the purchase of Dr. King's center by the National Park Service raise? My understanding is that the Court's current take involves the traditions of the site in question when it determined whether the Ten Commandments could be part of state displays or not. To the extent that Dr. King's works reflect religious teachings and doctrine, what sort of management, display, or ownership problems would the religious nature of his writings impose on the Park Service?

I'm sure there must be historic churches that are on the National Historic Register. How are they managed? Are services still allowed to occur at those sites? Could legal challenges be raised to services continuing at such sites? Would explaining the religious beliefs of Dr. King and continuing the study of his writings at a Martin Luther King, Jr. Center under Park Service ownership create a state/church conflict?

UPDATE: An article from today at law.com shows the current state of flux in the Supreme Court's Establishment Clause jurisprudence.

Comments
  1. Those are some very good questions. I don't know anything about what is at the Martin Luther King, Jr. Center. If its just walls and plaques with his speeches on it, then it is in historical context and not a proselyting one. But the courts are still trying to figure out how to draw the lines, so that might be a good objection to selling the property to the NPS.

    Posted by: Adam at January 17, 2006 09:10 PM
  2. Another point regarding MLK, the Establishment Clause and the Park Service:

    Plans are moving forward to construct an MLK memorial along the Tidal Basin north of the Jefferson Memorial. Will it be able to acknowledge the fact that King was a religious leader and mention anything of the religious nature of his teachings?

    Posted by: Jim at January 18, 2006 07:51 PM