Amendment I: Religion. Jessica C. Eric K. Isaac C. Jennifer Z. Grace K. Nadine H. Per. 5

Save this PDF as:
Size: px
Start display at page:

Download "Amendment I: Religion. Jessica C. Eric K. Isaac C. Jennifer Z. Grace K. Nadine H. Per. 5"

Transcription

1 Amendment I: Religion Jessica C. Eric K. Isaac C. Jennifer Z. Grace K. Nadine H. Per. 5

2

3

4 Free Exercise Clause Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof NARROW SCOPE BROAD SCOPE

5 To avoid violating the Establishment Clause Must have a secular legislative purpose Must neither inhibit nor promote religion Must not foster excessive gov t entanglement

6 WALL OF SEPARATION

7 1) No government coercion in religious matters 2) People should not be expected against their will to support a religion 3) Religious liberty encompasses all religions.

8 Narrow or Broad

9 Minersville School District v. Gobitis (1940)

10

11 The West Virginia Board of Education required all children in public schools to salute the flag.

12 Jehovah s Witnesses are not allowed to worship anything other than God and believed that forcing schoolchildren to say something they did not believe violated the freedom of religion.

13 Did the mandatory flag salute infringe upon liberties protected by the First and Fourteenth Amendments?

14 In 8-1 decision NO National Unity National Security National cohesion

15 Precedent..? No!!

16 West Virginia Board of Education v. Barnette (1942)

17 Does compelling a pledge violate the First Amendment of the Constitution?

18 Declared UNCONSTITUTIONAL 6:3

19 Precedent -broadened what religious freedom meant - expanded power of 1st Amendment

20 Moment of Silence Statute Permits the observance of moments of silence in public school classrooms

21 Engel v. Vitale (1962)

22 Does the reading of a prayer at the start of the school day violate the Establishment clause of the First Amendment?

23 Prayer declared... UNCONSTITUTIONAL 6:1

24 Reasoning - School sponsored prayer violates the Establishment Clause (prohibits establishment of religion) - Even though prayer is voluntary, unconstitutional because there should be NO sponsored religious involvement with public schools - Much conflict in the past was due to the government involving in religious affairs (Justice Hugo Black)

25 Precedent Strengthened Wall of Separation Banned specific prayer (even if voluntary) in public schools

26 Lemon v. Kurtzman (1971)

27 Pennsylvania Nonpublic Elementary and Secondary Education Act Superintendent of Public Schools > parochial, non-secular, non-private schools Pay for teacher s salaries and materials but teachers can t teach religion

28 Alton J. Lemon David Kurtzman

29 Rhode Island Statue Allows the state to pay private school teachers a 15% salary supplement

30 Declared unconstitutional 8: 1

31 Majority Opinion Chief Justice Warren E. Buffet 1&3 Concurring Opinion Justice William O. Douglas 2

32 LEMON TEST

33 Reasons it was shut down 1. Secular legislative purposes: to ensure minimum secular education requirements are being met by non-public schools 2. Non-secular schools are thoroughly laced with religions ideologies and so providing funding to these schools, essentially supports these doctrines 3. Promotes excessive gov t entanglement with religion because it requires massive amount of oversight to ensure that teachers aren t teaching religion

34 Reasons it was shut down 1. Secular legislative purposes: to ensure minimum secular education requirements are being met by non-public schools 2. Non-secular schools are thoroughly laced with religions ideologies and so providing funding to these schools, essentially supports these doctrines 3. Promotes excessive gov t entanglement with religion because it requires massive amount of oversight to ensure that teachers aren t teaching religion

35 Reasons it was shut down 1. Secular legislative purposes: to ensure minimum secular education requirements are being met by non-public schools 2. Non-secular schools are thoroughly laced with religions ideologies and so providing funding to these schools, essentially supports these doctrines 3. Promotes excessive gov t entanglement with religion because it requires massive amount of oversight to ensure that teachers aren t teaching religion

36

37 Employment Division, Department of Human Resources of Oregon v. Smith [1990]

38 Galen Black Alfred Smith

39 Can a state deny unemployment benefits to a worker fired for using illegal drugs for religious purposes?

40 In a 6-3 decision...yes

41 Burwell v. Hobby Lobby (2014)

42 - Contraceptives are immoral - Free Exercise Clause

43

44 Precedent - 1st Amendment + Corporations - Overturned previous precedent

45 THE END :)

This statement is designed to prevent the abridgement of anyone's freedom of worship.

This statement is designed to prevent the abridgement of anyone's freedom of worship. FREEDOM OF RELIGION The FREE EXERCISE Clause: or prohibiting the free exercise thereof. This statement is designed to prevent the abridgement of anyone's freedom of worship. Generally, ALL beliefs are

More information

Religion in Public Schools Testing the First Amendment

Religion in Public Schools Testing the First Amendment Religion in Public Schools Testing the First Amendment Author: Rob Weaver, University of Miami School of Law, 2009-2010 Center for Ethics and Public Service, Street Law Intern, J.D. Candidate, 2011. Edited

More information

Where Do You Stand: Critical Conversations about Religion in Public Schools

Where Do You Stand: Critical Conversations about Religion in Public Schools Where Do You Stand: Critical Conversations about Religion in Public Schools The College at Brockport s 12 th Annual Diversity Conference Building Community through Diversity SPIRITUALITY, STATE AND POLITICS

More information

Should We Take God out of the Pledge of Allegiance?

Should We Take God out of the Pledge of Allegiance? Should We Take God out of the Pledge of Allegiance? An atheist father of a primary school student challenged the Pledge of Allegiance because it included the words under God. Michael A. Newdow, who has

More information

The Pledge of Allegiance and the Establishment Clause of the First Amendment: Why Vishnu and Jesus Aren't In the Constitution

The Pledge of Allegiance and the Establishment Clause of the First Amendment: Why Vishnu and Jesus Aren't In the Constitution ESSAI Volume 2 Article 19 Spring 2004 The Pledge of Allegiance and the Establishment Clause of the First Amendment: Why Vishnu and Jesus Aren't In the Constitution Daniel McCullum College of DuPage Follow

More information

A Wall of Separation - Lemon v. Kurtzman (1971) & "The Lemon Test"

A Wall of Separation - Lemon v. Kurtzman (1971) & The Lemon Test A Wall of Separation - Lemon v. Kurtzman (1971) & "The Lemon Test" In Everson v. Board of Education (1947), the Court determined it was perfectly acceptable for the state to reimburse parents for transportation

More information

God & Caesar The Ancient Modern Clash

God & Caesar The Ancient Modern Clash God & Caesar The Ancient Modern Clash Tim Castner God and Caesar in America: Major Court Decisions on God and Caesar Issues Contact information reminder: GodandCaesar@gmail.com or thcastner@comcast.net.

More information

1) What does freedom of religion mean? 2) What could we not do in the name of religion? 3) What is meant by separation of church and state?

1) What does freedom of religion mean? 2) What could we not do in the name of religion? 3) What is meant by separation of church and state? 1) What does freedom of religion mean? 2) What could we not do in the name of religion? 3) What is meant by separation of church and state? Facts of the Case: A New Jersey law allowed reimbursements of

More information

Minersville School District v. Gobitis

Minersville School District v. Gobitis Brigham Young University Prelaw Review Volume 12 Article 7 9-1-1998 Minersville School District v. Gobitis Carl Reynolds Follow this and additional works at: https://scholarsarchive.byu.edu/byuplr BYU

More information

A study of the religious orientation of public school districts located in the Bible Belt of the United States

A study of the religious orientation of public school districts located in the Bible Belt of the United States Journal of the European Teacher Education Network 2014, Vol. 9, 12-21 A study of the religious orientation of public school districts located in the Bible Belt of the United States Tom Bennett and George

More information

The Pledge of Allegiance: "Under God" - Unconstitutional?

The Pledge of Allegiance: Under God - Unconstitutional? ESSAI Volume 1 Article 16 Spring 2003 The Pledge of Allegiance: "Under God" - Unconstitutional? Susanne K. Frens College of DuPage Follow this and additional works at: http://dc.cod.edu/essai Recommended

More information

Religious Freedoms in Public Schools

Religious Freedoms in Public Schools CURRICULUM CONNECTIONS SPRING 2007 18 Lesson 2 Religious Freedoms in Public Schools Rationale Religious freedom is a sensitive, but critical, subject in developing an understanding of the rights of U.S.

More information

C. Howard, Chisum, et al. ORGANIZATION bill analysis 4/30/2007 (CSHB 3678 by B. Cook)

C. Howard, Chisum, et al. ORGANIZATION bill analysis 4/30/2007 (CSHB 3678 by B. Cook) HOUSE HB 3678 RESEARCH C. Howard, Chisum, et al. ORGANIZATION bill analysis 4/30/2007 (CSHB 3678 by B. Cook) SUBJECT: COMMITTEE: VOTE: Voluntary student expression of religious views in public schools

More information

Establishment of Religion

Establishment of Religion Establishment of Religion Purpose: In this lesson students first examine the characteristics of a society that has an officially established church. They then apply their understanding of the Establishment

More information

BOW YOUR HEADS Purpose: Procedure:

BOW YOUR HEADS Purpose: Procedure: BOW YOUR HEADS Purpose: Freedom of religion like other First Amendment issues, can be complex. At times, the two clauses relating to freedom of religion conflict, as can be seen in two Supreme Court cases

More information

October 3, Humble Independent School District Eastway Village Drive Humble, TX 77338

October 3, Humble Independent School District Eastway Village Drive Humble, TX 77338 October 3, 2016 Dr. Elizabeth Fagen Superintendent Humble Independent School District 20200 Eastway Village Drive Humble, TX 77338 April Maldonado Principal Eagle Springs Elementary School 12500 Will Clayton

More information

SUPREME COURT OF THE UNITED STATES

SUPREME COURT OF THE UNITED STATES Cite as: 542 U. S. (2004) 1 SUPREME COURT OF THE UNITED STATES No. 02 1624 ELK GROVE UNIFIED SCHOOL DISTRICT AND DAVID W. GORDON, SUPERINTENDENT, PETITIONERS v. MICHAEL A. NEWDOW ET AL. ON WRIT OF CERTIORARI

More information

An Update on Religion and Public Schools. Outline

An Update on Religion and Public Schools. Outline An Update on Religion and Public Schools Ohio Council of School board Attorneys School Law Workshop Columbus, Ohio November 10, 2015 2.00-3.15 PM Charles J. Russo, J.D., Ed.D. Panzer Chair in Education

More information

Teacher Case Summary Lee v. Weisman (1992) School Graduation Prayer

Teacher Case Summary Lee v. Weisman (1992) School Graduation Prayer Teacher Case Summary Lee v. Weisman (1992) School Graduation Prayer By Deborah Morris Burton, J.D. Copyright 2013, Deborah Morris Burton First Edition All rights reserved. This book may not be duplicated

More information

A Brief History of Religious Freedom in the United States

A Brief History of Religious Freedom in the United States A Brief History of Religious Freedom in the United States A Brief History of Religious Freedom in the United States The National Museum of American Religion Pre-European Settlement Although Native American

More information

First Amendment Religious Freedom Rights and High School Students

First Amendment Religious Freedom Rights and High School Students First Amendment Religious Freedom Rights and High School Students Larry L. Kraus The University of Texas at Tyler Believing with you that religion is a matter which lies solely between man and his God,

More information

CHAPTER 19:2 Freedom of Religion

CHAPTER 19:2 Freedom of Religion CHAPTER 19:2 Freedom of Religion Chapter 19:2: Freedom of Religion o We will analyze the extent to which the Constitution prohibits the establishment of religion by government. o We will define the extent

More information

September 24, Jeff James Superintendent N First Street Albemarle, NC RE: Constitutional Violation. Dear Mr.

September 24, Jeff James Superintendent N First Street Albemarle, NC RE: Constitutional Violation. Dear Mr. September 24, 2018 Jeff James Superintendent Stanly County Schools 1000-4 N First Street Albemarle, NC 28001 jeff.james@stanlycountyschools.org RE: Constitutional Violation Dear Mr. James, Our office was

More information

Supreme Court Case Activity

Supreme Court Case Activity Supreme Court Case Activity Wisconsin v. Yoder (1972) Directions: Read the case summary, the Court opinion, and the dissenting opinion. Then answer the questions that follow on a separate sheet of paper.

More information

AN AMERICAN PERSPECTIVE

AN AMERICAN PERSPECTIVE AN AMERICAN PERSPECTIVE 1 DISCUSSION POINTS COLONIAL ERA THE CONSTITUTION AND CONSTUTIONAL ERA POST-MODERN CONSTITUTIONAL TENSIONS 2 COLONIAL ERA OVERALL: MIXED RESULTS WITH CONFLICTING VIEWPOINTS ON RELIGIOUS

More information

FAITH BEFORE THE COURT: THE AMISH AND EDUCATION. Jacob Koniak

FAITH BEFORE THE COURT: THE AMISH AND EDUCATION. Jacob Koniak AMISH EDUCATION 271 FAITH BEFORE THE COURT: THE AMISH AND EDUCATION Jacob Koniak The free practice of religion is a concept on which the United States was founded. Freedom of religion became part of the

More information

PSCI Jim Battista. Civil liberties. University of North Texas

PSCI Jim Battista. Civil liberties. University of North Texas PSCI 1040-004 University of North Texas Civil liberties Civil liberties and civil rights Civil liberties civil rights Civil liberties rights to be left alone (by the govt) Civil rights rights to be equal

More information

1/15/2015 PRAYER AT MEETINGS

1/15/2015 PRAYER AT MEETINGS PRAYER AT MEETINGS FRAYDA BLUESTEIN SCHOOL OF GOVERNMENT A. What statement best describes the relationship between government and religion: B. The law requires a separation between church and state. C.

More information

BOARD OF EDUCATION V. ALLEN 392 U.S. 236; 20 L. Ed. 2d 1060; 88 S. Ct (1968)

BOARD OF EDUCATION V. ALLEN 392 U.S. 236; 20 L. Ed. 2d 1060; 88 S. Ct (1968) BOARD OF EDUCATION V. ALLEN 392 U.S. 236; 20 L. Ed. 2d 1060; 88 S. Ct. 1923 (1968) JUSTICE WHITE delivered the opinion of the Court, in which CHIEF JUSTICE WARREN and JUSTICES BRENNAN, STEWART, WHITE,

More information

Engel v. Vitale Preventing an official religion

Engel v. Vitale Preventing an official religion Engel v. Vitale 1962 Petitioner: Steven L. Engel, et al. Respondent: William J. Vitale, et al. Petitioner s Claim: That a New York school district violated the First Amendment by requiring a short prayer

More information

ENGEL v. VITALE 370 U.S. 421 (1962)

ENGEL v. VITALE 370 U.S. 421 (1962) ENGEL v. VITALE 370 U.S. 421 (1962) MR. JUSTICE BLACK delivered the opinion of the Court. The respondent Board of Education of Union Free School District No. 9, New Hyde Park, New York directed the School

More information

MEMORANDUM. Teacher/Administrator Rights & Responsibilities

MEMORANDUM. Teacher/Administrator Rights & Responsibilities MEMORANDUM These issue summaries provide an overview of the law as of the date they were written and are for educational purposes only. These summaries may become outdated and may not represent the current

More information

Train Up A Child In The Way He Should Go: The Jehovah's Witness' Supreme Court Cases of the Early 1940s

Train Up A Child In The Way He Should Go: The Jehovah's Witness' Supreme Court Cases of the Early 1940s Western Kentucky University TopSCHOLAR Honors College Capstone Experience/Thesis Projects Honors College at WKU 2005 Train Up A Child In The Way He Should Go: The Jehovah's Witness' Supreme Court Cases

More information

FACT CHECK: Keeping Governor Tim Kaine Honest About Virginia s Chaplain-Gate. Quote Analysis by Chaplain Klingenschmitt,

FACT CHECK: Keeping Governor Tim Kaine Honest About Virginia s Chaplain-Gate. Quote Analysis by Chaplain Klingenschmitt, FACT CHECK: Keeping Governor Tim Kaine Honest About Virginia s Chaplain-Gate Quote Analysis by Chaplain Klingenschmitt, www.prayinjesusname.org Why did Governor Tim Kaine s administration force the sudden

More information

As part of their public service mission, many colleges and

As part of their public service mission, many colleges and Journal of Higher Education Outreach and Engagement, Volume 6, Number 2, p. 57, (2001) PUBLIC SERVICE A ND OUTREACH TO FAITH-BASED ORGANIZATIONS Mark A. Small Abstract This article describes the changing

More information

RELIGION IN THE SCHOOLS

RELIGION IN THE SCHOOLS INDC Page 1 RELIGION IN THE SCHOOLS In accordance with the mandate of the Constitution of the United States prohibiting the establishment of religion and protecting the free exercise thereof and freedom

More information

EMPLOYEE RELIGIOUS EXPRESSION AT WORK

EMPLOYEE RELIGIOUS EXPRESSION AT WORK EMPLOYEE RELIGIOUS EXPRESSION AT WORK PRESENTED BY: MARK GOULET & MELANIE CHARLESTON 2 Let s Organize This Talk.. Context matters: Applicable Laws Limitations on Employee Religious Expression Real Life

More information

No In The Supreme Court of the United States. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

No In The Supreme Court of the United States. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit No. 02-1624 In The Supreme Court of the United States ELK GROVE UNIFIED SCHOOL DISTRICT, and DAVID W. GORDON, Superintendent, v. Petitioners, MICHAEL A. NEWDOW, et al., Respondents. On Writ of Certiorari

More information

90 South Cascade Avenue, Suite 1500, Colorado Springs, Colorado Telephone: Fax:

90 South Cascade Avenue, Suite 1500, Colorado Springs, Colorado Telephone: Fax: 90 South Cascade Avenue, Suite 1500, Colorado Springs, Colorado 80903-1639 Telephone: 719.475.2440 Fax: 719.635.4576 www.shermanhoward.com MEMORANDUM TO: FROM: Ministry and Church Organization Clients

More information

From Gobitis to Barnette: A Primer

From Gobitis to Barnette: A Primer From Gobitis to Barnette: A Primer By Dan Seligman The principal of Slip Hill Grade School near Charleston, West Virginia stopped the two young Barnette sisters at the doorstep of the school one day in

More information

A RETURN TO THE SCOPES MONKEY TRIAL? A LOOK AT THE APPLICATION OF THE ESTABLISHMENT CLAUSE TO THE NEWEST TENNESSEE SCIENCE CURRICULUM LAW

A RETURN TO THE SCOPES MONKEY TRIAL? A LOOK AT THE APPLICATION OF THE ESTABLISHMENT CLAUSE TO THE NEWEST TENNESSEE SCIENCE CURRICULUM LAW A RETURN TO THE SCOPES MONKEY TRIAL? A LOOK AT THE APPLICATION OF THE ESTABLISHMENT CLAUSE TO THE NEWEST TENNESSEE SCIENCE CURRICULUM LAW Brette Davis I. Introduction In 1925, Tennessee found itself in

More information

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the RELIGIOUS FREEDOM CENTER freedom of speech, or of the press; or the right

More information

U.S. Supreme Court. LEMON v. KURTZMAN, 403 U.S. 602 (1971)

U.S. Supreme Court. LEMON v. KURTZMAN, 403 U.S. 602 (1971) U.S. Supreme Court LEMON v. KURTZMAN, 403 U.S. 602 (1971) 403 U.S. 602 LEMON ET AL. v. KURTZMAN, SUPERINTENDENT OF PUBLIC INSTRUCTION OF PENNSYLVANIA, ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT

More information

Religious Liberty: Protecting our Catholic Conscience in the Public Square

Religious Liberty: Protecting our Catholic Conscience in the Public Square Religious Liberty: Protecting our Catholic Conscience in the Public Square Scripture on Church and State [Jesus] said to them, Then repay to Caesar what belongs to Caesar and to God what belongs to God

More information

Supreme Court of the United States

Supreme Court of the United States 02-1624 In The Supreme Court of the United States ELK GROVE UNIFIED SCHOOL DISTRICT and DAVID W. GORDON, SUPERINTENDENT, EGUSD, Petitioners, v. MICHAEL A. NEWDOW, ET AL., Respondents. On Writ of Certiorari

More information

Aid to Parochial Schools: A Free Exercise Perspective

Aid to Parochial Schools: A Free Exercise Perspective Santa Clara Law Review Volume 23 Number 2 Article 5 1-1-1983 Aid to Parochial Schools: A Free Exercise Perspective Jeffrey H. Wong Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview

More information

Edward P. Abbott * religious organizations from governmental intrusion, Congress passed the Religious

Edward P. Abbott * religious organizations from governmental intrusion, Congress passed the Religious ATHEISM AND THE RELIGIOUS LIBERTY PROTECTION ACT: A PLACE FOR EVERYONE OR EVERYONE IN THEIR PLACE Edward P. Abbott * Upset with the perceived failure of the Supreme Court to properly protect religious

More information

Fall 2011 RELIGIOUS LIBERTY IN AMERICA: A COMPREHENSIVE ANALYSIS OF CURRENT CASE LAW AND LEGISLATION

Fall 2011 RELIGIOUS LIBERTY IN AMERICA: A COMPREHENSIVE ANALYSIS OF CURRENT CASE LAW AND LEGISLATION Fall 2011 RELIGIOUS LIBERTY IN AMERICA: A COMPREHENSIVE ANALYSIS OF CURRENT CASE LAW AND LEGISLATION TABLE OF CONTENTS Executive Summary... 1 Introduction 4 Supreme Court Religious Clause Jurisprudence

More information

Removal of God Bless the USA From P.S. 90 Graduation Ceremony

Removal of God Bless the USA From P.S. 90 Graduation Ceremony June 12, 2012 Superintendent Isabel DiMola CEC District 21 Re: Removal of God Bless the USA From P.S. 90 Graduation Ceremony Dear Superintendent DiMola: The American Center for Law and Justice (ACLJ) has

More information

SUPREME COURT OF THE UNITED STATES

SUPREME COURT OF THE UNITED STATES Cite as: 530 U. S. (2000) 1 SUPREME COURT OF THE UNITED STATES TANGIPAHOA PARISH BOARD OF EDUCATION ET AL. v. HERB FREILER ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS

More information

SANDEL ON RELIGION IN THE PUBLIC SQUARE

SANDEL ON RELIGION IN THE PUBLIC SQUARE SANDEL ON RELIGION IN THE PUBLIC SQUARE Hugh Baxter For Boston University School of Law s Conference on Michael Sandel s Justice October 14, 2010 In the final chapter of Justice, Sandel calls for a new

More information

An Application and Defense of Ronald Dworkin's Theory of Adjudication

An Application and Defense of Ronald Dworkin's Theory of Adjudication University of Montana ScholarWorks at University of Montana Graduate Student Theses, Dissertations, & Professional Papers Graduate School 2007 An Application and Defense of Ronald Dworkin's Theory of Adjudication

More information

An exploration of school leadership issues relating to the December Dilemma

An exploration of school leadership issues relating to the December Dilemma Journal of Case Studies in Education An exploration of school leadership issues relating to the December Dilemma ABSTRACT Anna L. Fox University of Mary Hardin-Baylor Austin Vasek University of Mary Hardin-Baylor

More information

Deck the Hall City Hall That Is

Deck the Hall City Hall That Is Deck the Hall City Hall That Is Is it constitutional for cities to erect holiday displays that contain religious symbols? 1 The holiday season is here, and city hall is beautifully covered in festive decorations.

More information

Perception and Practice: The Wall of Separation in the Public School Classroom. Patricia A. Tinkey Ed.D.

Perception and Practice: The Wall of Separation in the Public School Classroom. Patricia A. Tinkey Ed.D. Perception and Practice: The Wall of Separation in the Public School Classroom Patricia A. Tinkey Ed.D. The concept of separation of church and state is first credited to Thomas Jefferson in 1802. Because

More information

Reflections on the First Amendment. University of Phoenix

Reflections on the First Amendment. University of Phoenix Reflections on the First Amendment 1 Running head: REFLECTIONS ON THE FIRST AMENDMENT Reflections on the First Amendment University of Phoenix Reflections on the First Amendment 2 Reflections on the First

More information

DEVELOPMENTS STATE SCHOOL BOARD PRAYER RULED UNCONSTITUTIONAL RECENT

DEVELOPMENTS STATE SCHOOL BOARD PRAYER RULED UNCONSTITUTIONAL RECENT RECENT DEVELOPMENTS STATE SCHOOL BOARD PRAYER RULED UNCONSTITUTIONAL.Engel v. Vitale 370 U.S. 421 (1962) As a result of the "recommendation" of the State Board of Regents, the district school principal,

More information

A Wall of Separation - Agostini v. Felton (1997)

A Wall of Separation - Agostini v. Felton (1997) A Wall of Separation - Agostini v. Felton (1997) In 1985, the Supreme Court heard a case from NYC in which public school teachers were being sent into parochial schools to provide remedial education to

More information

NOTES CONSTITUTIONAL LAW: CONSTITUTIONALITY OF RELIGIOUS QUALIFICATIONS FOR STATE PUBLIC OFFICE

NOTES CONSTITUTIONAL LAW: CONSTITUTIONALITY OF RELIGIOUS QUALIFICATIONS FOR STATE PUBLIC OFFICE NOTES CONSTITUTIONAL LAW: CONSTITUTIONALITY OF RELIGIOUS QUALIFICATIONS FOR STATE PUBLIC OFFICE THE United States Supreme Court recently considered, for the first time, the constitutionality of a religious

More information

MEMORANDUM ON STUDENT RELIGIOUS SPEECH AT ATHLETIC EVENTS. The Foundation for Moral Law One Dexter Avenue Montgomery, AL (334)

MEMORANDUM ON STUDENT RELIGIOUS SPEECH AT ATHLETIC EVENTS. The Foundation for Moral Law One Dexter Avenue Montgomery, AL (334) MEMORANDUM ON STUDENT RELIGIOUS SPEECH AT ATHLETIC EVENTS The Foundation for Moral Law One Dexter Avenue Montgomery, AL 36104 (334) 262-1245 Let your light so shine before men, that they may see your good

More information

NOTES. A Moment of Silence: A Permissible Accommodation Protecting the Capacity to Form Religious Belief

NOTES. A Moment of Silence: A Permissible Accommodation Protecting the Capacity to Form Religious Belief NOTES A Moment of Silence: A Permissible Accommodation Protecting the Capacity to Form Religious Belief INTRODUCTION The United States Supreme Court decisions prohibiting organized prayer' and Bible reading

More information

Cedarville University

Cedarville University Cedarville University DigitalCommons@Cedarville Student Publications 7-2015 Monkey Business Kaleen Carter Cedarville University, kcarter172@cedarville.edu Follow this and additional works at: http://digitalcommons.cedarville.edu/student_publications

More information

School Prayer and the Establishment of Religion: A Look at Engel v. Vitale

School Prayer and the Establishment of Religion: A Look at Engel v. Vitale Brigham Young University Prelaw Review Volume 12 Article 4 9-1-1998 School Prayer and the Establishment of Religion: A Look at Engel v. Vitale Christopher A. Bauer Follow this and additional works at:

More information

THE CONSTITUTION IN THE CLASSROOM. TEACHING MODULE: The First Amendment and Freedom of Religion High School Version

THE CONSTITUTION IN THE CLASSROOM. TEACHING MODULE: The First Amendment and Freedom of Religion High School Version THE CONSTITUTION IN THE CLASSROOM TEACHING MODULE: The First Amendment and Freedom of Religion High School Version NATIONAL CONSTITUTION DAY September 17, 2006 The First Amendment and Religion in Schools

More information

September 9, The Honorable Ray Mabus Secretary of the Navy 2000 Navy Pentagon Washington DC

September 9, The Honorable Ray Mabus Secretary of the Navy 2000 Navy Pentagon Washington DC September 9, 2010 The Honorable Ray Mabus Secretary of the Navy 2000 Navy Pentagon Washington DC 20350-2000 Re: Unconstitutional Nightly Prayers on Navy Ships Dear Mr. Secretary: We, the undersigned organizations

More information

RELIGIOUS LIBERTY: A BASIC PRIMER

RELIGIOUS LIBERTY: A BASIC PRIMER RELIGIOUS LIBERTY: A BASIC PRIMER The Right To Religious Liberty America is a nation that, from its founding, has proclaimed the rights of religious liberty and religious diversity. In the eighteenth century,

More information

Chapter 6: EDUCATIONAL PROGRAM 6106 Section 2: PROGRAMS OF INSTRUCTION. Teaching About Religions

Chapter 6: EDUCATIONAL PROGRAM 6106 Section 2: PROGRAMS OF INSTRUCTION. Teaching About Religions Chapter 6: EDUCATIONAL PROGRAM 6106 Section 2: PROGRAMS OF INSTRUCTION Teaching About Religions Preamble: Any discussion of the place of religion in public education must be grounded in the principle of

More information

ELON UNIVERSITY SCHOOL OF LAW BILLINGS, EXUM & FRYE NATIONAL MOOT COURT COMPETITION SPRING 2011 PROBLEM

ELON UNIVERSITY SCHOOL OF LAW BILLINGS, EXUM & FRYE NATIONAL MOOT COURT COMPETITION SPRING 2011 PROBLEM ELON UNIVERSITY SCHOOL OF LAW BILLINGS, EXUM & FRYE NATIONAL MOOT COURT COMPETITION SPRING 2011 PROBLEM No. 11-217 IN THE SUPREME COURT OF THE UNITED STATES CONSTITUTIONAL RIGHTS ADVOCATES, INC., Petitioner,

More information

Follow this and additional works at: Part of the Constitutional Law Commons

Follow this and additional works at:  Part of the Constitutional Law Commons Golden Gate University Law Review Volume 41 Issue 3 Ninth Circuit Survey Article 5 May 2011 Newdow v. Rio Linda Union School Disctrict: Religious Coercion in Public Schools Unconstitutional Despite Voluntary

More information

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO SAM DOE 1, SAM DOE 2, (A MINOR BY AND THROUGH HER PARENT AND NEXT FRIEND,) AND SAM DOE 3, C/O ACLU OF OHIO 4506 CHESTER AVENUE CLEVELAND, OHIO

More information

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF VIRGINIA Roanoke Division ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT.

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF VIRGINIA Roanoke Division ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT. IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF VIRGINIA Roanoke Division DOE 1, by Doe 1 s next friend and parent, DOE 2, who also sues on Doe 2 s own behalf, v. Plaintiffs, SCHOOL BOARD OF GILES

More information

Religious Freedom: Our First Freedom

Religious Freedom: Our First Freedom Religious Freedom: Our First Freedom Adult Formation Class June 22, 2014 Legal Do s and Don ts Churches and other 501(c)(3) organizations have legal limits as to what they can and cannot do regarding elections.

More information

Unemployment Benefits and the Religion Clauses: A Recurring Conflict

Unemployment Benefits and the Religion Clauses: A Recurring Conflict University of Miami Law School Institutional Repository University of Miami Law Review 5-1-1982 Unemployment Benefits and the Religion Clauses: A Recurring Conflict Diane Deighton Ferraro Follow this and

More information

Mill and Bentham both endorse the harm principle. Utilitarians, they both rest

Mill and Bentham both endorse the harm principle. Utilitarians, they both rest Free Exercise of Religion 1. What distinguishes Mill s argument from Bentham s? Mill and Bentham both endorse the harm principle. Utilitarians, they both rest their moral liberalism on an appeal to consequences.

More information

June 5, Ralph Hobratschk President, Board of Trustees Friendswood ISD 302 Laurel Dr. Friendswood, TX Fax: (281)

June 5, Ralph Hobratschk President, Board of Trustees Friendswood ISD 302 Laurel Dr. Friendswood, TX Fax: (281) June 5, 2008 Ralph Hobratschk President, Board of Trustees Friendswood ISD 302 Laurel Dr. Friendswood, TX 77546 Fax: (281) 996-2513 Re: Unconstitutional Muslim Indoctrination at Friendswood Junior High

More information

Freedom from Religion Foundation v. Weber: Big Mountain Jesus and the Constitution

Freedom from Religion Foundation v. Weber: Big Mountain Jesus and the Constitution Montana Law Review Online Volume 76 Article 12 7-14-2018 Freedom from Religion Foundation v. Weber: Big Mountain Jesus and the Constitution Constance Van Kley Alexander Blewett III School of Law Follow

More information

Rhode Island and the Establishment Clause

Rhode Island and the Establishment Clause Rhode Island and the Establishment Clause A Curriculum Guide for Secondary Educators Erik J. Chaput James P. Shea Northfield Mount Hermon, History and Social Science Department TABLE OF CONTENTS Welcome

More information

Public Education In A 'Religious State': South Carolina Responds to Engel V. Vitale (1962), Abington V. Schempp (1963), and Murray V.

Public Education In A 'Religious State': South Carolina Responds to Engel V. Vitale (1962), Abington V. Schempp (1963), and Murray V. University of South Carolina Scholar Commons Theses and Dissertations 1-1-2013 Public Education In A 'Religious State': South Carolina Responds to Engel V. Vitale (1962), Abington V. Schempp (1963), and

More information

Citation: 90 Ky. L.J Provided by: Available Through: David C. Shapiro Memorial Law Library, NIU Colleg

Citation: 90 Ky. L.J Provided by: Available Through: David C. Shapiro Memorial Law Library, NIU Colleg Citation: 90 Ky. L.J. 1 2001-2002 Provided by: Available Through: David C. Shapiro Memorial Law Library, NIU Colleg Content downloaded/printed from HeinOnline (http://heinonline.org) Mon Jun 27 15:37:39

More information

NYCLU testimony on NYC Council Resolution 1155 (2011)] Testimony of Donna Lieberman. regarding

NYCLU testimony on NYC Council Resolution 1155 (2011)] Testimony of Donna Lieberman. regarding 125 Broad Street New York, NY 10004 212.607.3300 212.607.3318 www.nyclu.org NYCLU testimony on NYC Council Resolution 1155 (2011)] Testimony of Donna Lieberman regarding New York City Council Resolution

More information

Church, State and the Supreme Court: Current Controversy

Church, State and the Supreme Court: Current Controversy Berkeley Law Berkeley Law Scholarship Repository Faculty Scholarship 1-1-1987 Church, State and the Supreme Court: Current Controversy Jesse Choper Berkeley Law Follow this and additional works at: https://scholarship.law.berkeley.edu/facpubs

More information

By Debbie Evans, presented to the Alexander Love Chapter, Daughters of the American Revolution

By Debbie Evans, presented to the Alexander Love Chapter, Daughters of the American Revolution The Faith of our Founding Fathers By Debbie Evans, presented to the Alexander Love Chapter, Daughters of the American Revolution Congress shall make NO law respecting an establishment of religion, or prohibiting

More information

Forbidden Fruit: Governmental Aid to Nonpublic Education and the Primary Effect Test under the Establishment Clause

Forbidden Fruit: Governmental Aid to Nonpublic Education and the Primary Effect Test under the Establishment Clause Volume 34 Issue 6 Article 1 1989 Forbidden Fruit: Governmental Aid to Nonpublic Education and the Primary Effect Test under the Establishment Clause John E. McKeever Follow this and additional works at:

More information

OUR LORD JESUS CHRIST, KING OF THE UNIVERSE (C) MEANING OF SEPARATION OF CHURCH AND STATE

OUR LORD JESUS CHRIST, KING OF THE UNIVERSE (C) MEANING OF SEPARATION OF CHURCH AND STATE OUR LORD JESUS CHRIST, KING OF THE UNIVERSE (C) MEANING OF SEPARATION OF CHURCH AND STATE The Solemnity of Christ the King provides us with an opportunity to contemplate Christ in his glorified state as

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ST. AUGUSTINE SCHOOL, JOSEPH and AMY FORRO, v. Plaintiffs, Case No. 16-cv-575-LA TONY EVERS, in his official capacity as Superintendent of Public

More information

A CHRISTMAS CAROL IN THE PARK FROM THE SUPREMES

A CHRISTMAS CAROL IN THE PARK FROM THE SUPREMES A CHRISTMAS CAROL IN THE PARK FROM THE SUPREMES James C. Kozlowski, J.D. 1985 James C. Kozlowski In the recent case of Lynch v. Donnelly, 104 S.Ct. 1355 (1984), the Supreme Court of the United States considered

More information

In Brief: Supreme Court Revisits Legislative Prayer in Town of Greece v. Galloway

In Brief: Supreme Court Revisits Legislative Prayer in Town of Greece v. Galloway NOV. 4, 2013 In Brief: Supreme Court Revisits Legislative Prayer in Town of Greece v. Galloway FOR FURTHER INFORMATION CONTACT: Luis Lugo, Director, Religion & Public Life Project Alan Cooperman, Deputy

More information

SUPREME COURT OF THE UNITED STATES

SUPREME COURT OF THE UNITED STATES Cite as: 532 U. S. (2001) 1 SUPREME COURT OF THE UNITED STATES CITY OF ELKHART v. WILLIAM A. BOOKS ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

More information

Religious Freedom & The Roberts Court

Religious Freedom & The Roberts Court Religious Freedom & The Roberts Court Hannah C. Smith Senior Counsel, The Becket Fund for Religious Liberty J. Reuben Clark Law Society Annual Conference University of San Diego February 12, 2016 Religious

More information

The Ten Commandments In Schools

The Ten Commandments In Schools 1 of 6 9/23/2010 10:21 PM Issue Date: March 15, 2002 The Ten Commandments In Schools The Stone Precedent The Ten Commandments Defense Act Post the Commandments, For Morality's Sake Posting the Commandments

More information

First Amendment Rights -- Defining the Essential Terms

First Amendment Rights -- Defining the Essential Terms Religion in Public School Classrooms, Hallways, Schoolyards and Websites: From 1967 to 2017 and Beyond Panelists: Randall G. Bennett, Deputy Executive Director & General Counsel Tennessee School Boards

More information

Silence Begets Religion: Bown v. Gwinnett County School District and the Unconstitutionality of Moments of Silence in Public Schools

Silence Begets Religion: Bown v. Gwinnett County School District and the Unconstitutionality of Moments of Silence in Public Schools The Ohio State University Knowledge Bank kb.osu.edu Ohio State Law Journal (Moritz College of Law) Ohio State Law Journal: Volume 57, Issue 4 (1996) 1996 Silence Begets Religion: Bown v. Gwinnett County

More information

Religion s Role in Education: A Paper discussing the changing And yet enduring role religion plays In America s System of Public Education.

Religion s Role in Education: A Paper discussing the changing And yet enduring role religion plays In America s System of Public Education. Religion s Role in Education: A Paper discussing the changing And yet enduring role religion plays In America s System of Public Education. Rebecca Flanders Spring 2005 Judaism, Christianity and Islam

More information

Separation of Church and State: The Burger Court's Tortuous Journey

Separation of Church and State: The Burger Court's Tortuous Journey Notre Dame Law Review Volume 60 Issue 5 Article 6 1-1-1985 Separation of Church and State: The Burger Court's Tortuous Journey Norman Redlich Follow this and additional works at: http://scholarship.law.nd.edu/ndlr

More information

Religious Freedom Policy

Religious Freedom Policy Religious Freedom Policy 1. PURPOSE AND PHILOSOPHY 2 POLICY 1.1 Gateway Preparatory Academy promotes mutual understanding and respect for the interests and rights of all individuals regarding their beliefs,

More information

The Pledge of Allegiance Problem

The Pledge of Allegiance Problem Fordham Law Review Volume 64 Issue 2 Article 3 1995 The Pledge of Allegiance Problem Abner S. Greene Fordham University School of Law Recommended Citation Abner S. Greene, The Pledge of Allegiance Problem,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BLUEFIELD DIVISION : : : : : : : : : : : : : : : : : : : : : COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BLUEFIELD DIVISION : : : : : : : : : : : : : : : : : : : : : COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BLUEFIELD DIVISION FREEDOM FROM RELIGION FOUNDATION, INC., and JANE DOE, individually, and on behalf of JAMIE DOE Plaintiffs,

More information

THE SCOURGE OF CONTEXTUALISM: CEREMONIAL DEISM AND THE ESTABLISHMENT CLAUSE

THE SCOURGE OF CONTEXTUALISM: CEREMONIAL DEISM AND THE ESTABLISHMENT CLAUSE THE SCOURGE OF CONTEXTUALISM: CEREMONIAL DEISM AND THE ESTABLISHMENT CLAUSE Abstract: Over the past twenty-five years, the Supreme Court s Establishment Clause jurisprudence has been plagued by inconsistencies

More information

The First Amendment and Licensing Biology Teachers in Creationism

The First Amendment and Licensing Biology Teachers in Creationism University of Richmond Law Review Volume 17 Issue 4 Article 9 1983 The First Amendment and Licensing Biology Teachers in Creationism Benjamin W. Emerson University of Richmond Follow this and additional

More information

JAY SEKULOW LIVE! This is Jay Sekulow. The ACLU files a lawsuit in Pennsylvania over the issue of evolution.

JAY SEKULOW LIVE! This is Jay Sekulow. The ACLU files a lawsuit in Pennsylvania over the issue of evolution. JAY SEKULOW LIVE! 12.15.04 This is Jay Sekulow. The ACLU files a lawsuit in Pennsylvania over the issue of evolution. Gene: This is JAY SEKULOW LIVE! From Washington, Chief Counsel of the American Center

More information