A recent decision from a federal court in Wisconsin, written by Judge Barbara B. Crabb, held that the statute creating a National Day of Prayer violates the Establishment Clause of the U.S. Constitution. The Establishment Clause can be found in the First Amendment: "Congress shall make no law respecting an establishment of religion[.]
In an April 2009 decision, the Ninth Circuit Court ruled that taxpayer donations to faith-based scholarship organizations raised serious questions as to whether private school tax credits are constitutional. The ruling by the Ninth Circuit Court refocuses the nation's spotlight on how Arizona's scholarship organizations are using taxpayer money to fund private school scholarships. The Ninth Circuit Court ruling revisited the continuing debate over the separation of church and slate. The courts pronouncement states that Arizona's private school scholarship tax credit program, as applied, violates the Establishment Clause of the US Constitution. As tax credit programs gain popularity, CPAs throughout the country can also play a critical role in advising policymakers. State legislators nee...
On the advice of legal counsel, a number of local school districts have ended the practice of starting a meeting with a prayer. The advice follows a ruling by the U.S. Third Circuit Court of Appeals which found that a Delaware school board violated the Establishment Clause of the U.S. Constitution with its public prayer policy. Should public bodies be allowed to
In 2005, for instance, there was a media frenzy surrounding a court case (Kitzmiller v. Dover Area School District) in Dover, Pennsylvania, about a school board's decision to require teachers to read a one-minute statement to students at the beginning of their ninth-grade biology course. Nova told viewers that the climax of the trial would be the judge's ruling on a question: "When they introduced intelligent design into the classroom, were members of the Dover School Board motivated by religion?" If so, that would amount to a violation of part of the First Amendment to the Constitution, the establishment clause, which mandates the separation of church and state.\n A common confusion in public discourse is to mischaracterize a dispute over academic norms as a clash over the First Amend...
Kozlowski discusses the ACLU Nebraska Foundation v. City of Plattsmouth case in which a resident of the City of Plattsmouth NE, and the American Civil Liberties Union of Nebraska Foundation alleged that Plattsmouth's display of a Ten Commandments monument violated the Establishment Clause of the US Constitution. Details of the case are presented.
Several Supreme Court decisions have manifested a gradual abdication from the doctrine of separation of church and state. The recent jurisprudence on Agostini versus Felton case allows the allocation of government funds to religious school programs. Although a set of guidelines is presented to still, decision authorized an unparalleled direct state aid to religious institution which runs counter to the Establishment Clause provision of the Constitution prohibiting religious subsidies by the government.
Kozlowski reviews the cases of Van Orden v. Perry and McCreary County v. ACLU regarding the public display of the Ten Commandments on public property. In both cases, the Court had to determine "whether the Establishment Clause of the First Amendment allows the display of a monument inscribed with the Ten Commandments on the Texas State Capitol grounds." The Establishment Clause of the First Amendment to the US Constitution provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. This prohibition of establishment applies to the states and their political subdivisions through the Fourteenth Amendment.
A teacher recollects a student who, as a member of the Jehovah's Witness, kept away from Christmas-time school activities. Although seemingly harmless, such activities are actually violative of the Constitution's non-establishment clause.
... violates the First Amendment's Establishment Clause and an injunction requiring its removal. Ho...Rather, as in all constitutional cases, it must reflect and remain faithful to the ...
Janice Bodwell's Aug. 25 letter, "Liberal myth," is a gross distortion of the Constitution and yet another example of the Christian Right's crusade to infiltrate our government with religious doctrine. Bodwell fails to realize that the First Amendment bars the government from enacting laws based on religious doctrine or from preferring one religion over another. The Establishment Clause states that "Congress shall make no law respecting an establishment of religion." This clause embodies the separation of church and state, which the Supreme Court has repeatedly affirmed. Nativity scenes on public property, prayer in school and anti- evolution laws have been held unconstitutional by the Supreme Court because such things violate the establishment clause. Our Founding Fathers adopted the s...
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