Who can sue over religious symbols?
Today’s topic: Who should have standing to sue over displaying religious icons on public land? Can anyone offended claim actual injury, or should standing in these cases be determined by narrower criteria? Erwin Chemerinsky and Joseph Infranco continue their debate on Salazar vs. Buono, a case scheduled to be argued in the Supreme Court on Oct. 7. Click here for a backgrounder from the Pew Research Center. Point: Joseph Infranco, Alliance Defense Fund senior counsel With this question, we come to the issue that many court observers think will decide Salazar vs. Buono. As we both agree, Erwin, standing is a separate issue from the underlying establishment clause questions. Where we disagree is that the issue is settled. Standing to challenge alleged establishment clause violations is a relatively recent judicial creation. The Supreme Court first gave standing to taxpayers in establishment clause challenges in 1968, though that decision did not specifically address “offended observers.”
