Speech-based reasoning grants religion a unique super-category never excludable

Evidence

Justice David Souter, in his dissent, saw even further into the potential consequences of such a breakdown in logic. If excluding a religious group on account of the fact that it is religious is a violation of its speech rights, then religious groups belong to a super-category of activity that can never be excluded from school (or other government functions). That is, while political groups, or sporting groups, or business groups, might be excluded on the basis of the nature of their activities without violating their speech rights, religion alone would have a trump card that guaranteed entry under all circumstances. Thus, Souter concluded, “this case would stand for the remarkable proposition that any public school opened for civic meetings must be opened for use as a church, synagogue, or mosque.” — Katherine Stewart, The Power Worshippers, 868

Categorization

• DEFINE: Souter articulates the logical ‘trump card’ consequence the reasoning produces.
• XREF: connects to: Religious establishment was legally redefined as private individual speech — Katherine Stewart, The Power Worshippers: Inside the…, 839; Religious-right lawyers shifted strategy from Free Exercise to Free Speech arguments — Katherine Stewart, The Power Worshippers: Inside the…, 859; Minority religions exercising the same rights are routinely excluded from schools — Katherine Stewart, The Power Worshippers: Inside the…, 870 (+1 more)