I think it's tacky to make anything more than a glancing reference to one's own faith to a diverse and captive audience at a commencement. On the other hand, I think these speakers have a clear First Amendment right to say what they think is relevant on the big day. The republic won't fall if an 18-year-old feels the need to attribute school success to Muslim, Christian, Wiccan or vegetarian principles.

One problem here is the great bugaboo of the culture wars: sensitivity. Many people think they have a right never to be annoyed, never to hear anything they disagree with. In one California case, decided against a religion-minded salutatorian, a federal judge wrote that "Forcing a dissenter to make the choice between attending ... and participating in a religious practice in which the dissenter does not agree is not constitutionally permissible." That is one sensitive judge. She thought listening to a student's speech was like compelling attendance at someone else's religious service.

Writing in 2001 about another such suit, columnist Cathy Young said: "As applied in this case so far, the First Amendment seems to be less a guarantee of religious freedom than a speech code guaranteeing that no one's feelings are hurt."

In the McComb case, the ACLU cites two 9th Circuit decisions. Why not? Both were on the ACLU's side. But there are two decisions in other circuits that go the other way. It's surely time for the Supreme Court to decide.

COPYRIGHT 2006 JOHN LEO