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To: Khepera
Establishment Clause: "Congress shall make no law respecting an establishment of religion ..."

The Establishment Clause has generally come to mean that government cannot authorize a church, cannot pass laws that aid or favor one religion over another, cannot pass laws that favor religious belief over non belief, cannot force a person to profess a belief. In short, government must be neutral toward religion and cannot be entangled with any religion.


Religion in public schools

Minersville v. Gobitis, 310 U.S. 586 (1940) - Supreme Court rules that a public school may require students to salute the flag and pledge allegiance even if it violates their religious scruples.

West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943) - Court overturns Gobitis but is broader in its scope. No one can be forced to salute the flag or say the pledge of allegiance if it violates the individual conscience.

McCollum v. Board of Education, 333 U.S. 203 (1948) - Court finds religious instruction in public schools a violation of the establishment clause and therefore unconstitutional.

Zorach v. Clausen, 343 U.S. 306 (1952) - Court finds that release time from public school classes for religious instruction does not violate the establishment clause.

Engel v. Vitale, 370 U.S. 421 (1962) - Court finds school prayer unconstitutional.

Abington School District v. Schempp, 374 U.S. 203 (1963) - Court finds Bible reading over school intercom unconstitutional and Murray v. Curlett, 374 U.S. 203 (1963) - Court finds forcing a child to participate in Bible reading and prayer unconstitutional.

Epperson v. Arkansas, 393 U.S. 97 (1968) - Court says the state cannot ban the teaching of evolution.

Stone v. Graham, 449 U.S. 39 (1980) - Court finds posting of the Ten Commandments in schools unconstitutional.

Wallace v. Jaffree, 472 U.S. 38 (1985) - Court finds state law enforcing a moment of silence in schools had a religious purpose and is therefore unconstitutional.

Edwards v. Aquillard, 482 U.S. 578 (1987) - Court finds state law requiring equal treatment for creationism has a religious purpose and is therefore unconstitutional.

Board of Education v. Mergens, 496 U.S. 226 (1990) - The court rules that the Equal Access Act does not violate the First Amendment. Public schools that receive federal funds and maintain a "limited open forum" on school grounds after school hours cannot deny "equal access" to student groups based upon "religious, political, philosophical, or other content."

Lee v. Weisman, 112 SCt. 2649 (1992) - Court finds prayer at public school graduation ceremonies violates the establishment clause and is therefore unconstitutional.

Lamb's Chapel et al. v. Center Moriches Union Free School District, 508 U.S. 384 (1993) - Court says that school districts cannot deny churches access to school premises after-hours, if the district allowed the use of its building to other groups.

Kiryas Joel Village School District v. Grumet, (1994) - Court states that the New York State Legislature cannot create a separate school district for a religious community.

Santa Fe Independent School District v. Doe, (2000) - Court rules that student-led prayers at public school football games violate the Establishment Clause of the First Amendment.

Good News Club v. Milford Central School, (2001) - Court rules that Milford Central School cannot keep Good News Club from using its facilities because the school had created a limited public forum and prohibiting the religious club was viewpoint discrimination.

6 posted on 10/20/2001 12:01:17 PM PDT by dbbeebs
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To: dbbeebs
So whats your point? You forgot to include your point. Are you defending all of these Un-Constitutional court decisions or not?
8 posted on 10/20/2001 12:05:12 PM PDT by Khepera
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To: dbbeebs
The Establishment Clause has generally come to mean that

So you're starting with that nonsense again are you? "generally come to mean" isn't the same as the truth, is it? What you're looking for so hard just isn't in the Constitution, and all your twisting of the facts doesn't make it so. What part of "prohibiting the free excercise thereof" don't you understand? Take your silly anti religious sentiments over to DU where they will be appreciated. You're a sad, sick person.

13 posted on 10/20/2001 12:27:13 PM PDT by goodieD
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To: dbbeebs
The Establishment Clause has generally come to mean that government cannot authorize a church, cannot pass laws that aid or favor one religion over another, cannot pass laws that favor religious belief over non belief, cannot force a person to profess a belief. In short, government must be neutral toward religion and cannot be entangled with any religion.

The definition, however, canbot be established by review of prior cases. It is in fact a priori, based on Black's(and other judges') desire to end political discussion about aid to Catholic Schools and impose a national rule on the states.

16 posted on 10/20/2001 12:45:33 PM PDT by RobbyS
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To: dbbeebs
quote something before 1940 and maybe I would buy this neutrality bull shit.
101 posted on 10/20/2001 9:54:45 PM PDT by rwfromkansas
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