To: coffeebreak
Nice. Let's see the Justice Department defend a kid that got kicked out of school for wearing a crucifix. I'm sure they'll do that right after they bring me breakfast in bed.
To: Excuse_My_Bellicosity
If you actually know of a case where a student was thrown out of school for wearing a crucifix, there are a number of options for finding representation. I can put you in touch with the Rutherford Society, the Federalist Society, the ACLU, and can help run interference with the Justice Department, or if it's a Virginia I can help you myself - I am a Virginia lawyer with an interest in religious freedom cases.
What you need to be clear on in your mind is that there is a significant legal difference between cases where the state is attempting to establish religion, and cases where the state is attempting to interfere with religious freedom.
These cases involve different clauses in the First Amendment, and have completely different case law and completely different outcomes.
In religious freedom cases, like the right to wear a crucifix or hijab, it's the rights of the individual that are being interfered with by the state, and those are pretty much "slam dunk" winners for the individual against the state.
In establishment cases, like Ten Commandment cases, it's the state that is promoting religion, and those are pretty much
In those cases, again, they are pretty much "slam dunk" winners against the state, but for different reasons.
Governments are not supposed to be in the business of promoting religion NOR suppressing it. That's it in a nutshell.
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