my objective is to make sure the Boy Scouts have access to the school. My worry is, having been the guy who wrote the statutory language on flag burning, the Supreme Court is going to rule unconstitutional the Helms amendment, if you pass it. Ask any conservative or liberal lawyer. There is a 60-percent chance that will happen. I view it in the exact opposite way, although approaching it with the same objective as my friend from Texas does. The reason to include this other provision is to have a fail-safe constitutional guarantee because what the Court is going to say on the Helms amendment--which I support as amended--is the following. It is going to say that you do not have a guarantee to take away funds from any school district that denies homosexual organizations the right to be in the school. You do not deny funds to any organization or any school that denies or permits prayer in school, which is unconstitutional. The Court is going to look at it and say it is not content neutral. That is what I mean. I know my friend from Texas knows as well. That is why--it is not content neutral--the same rationale that declared my constitutional statute against flag burning unconstitutional. It was not content neutral.
Editor's note · Context
Discussing the implications of the Helms amendment on school funding and constitutional guarantees.
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