A priest's conviction for sexual misconduct must be thrown out because the admission of evidence regarding religious doctrine and church policies violated the Establishment Clause, the Minnesota Supreme Court has ruled. The priest was convicted under a state statute that prohibits clergy sexual misconduct for his conduct with two adult parishioners he was counseling.
Aliunde; de hors; Establishment Clause; summary judgment; prejudice required.
In a presentation at the American Association of Law Schools' 2004 Law and Religion Section Meeting, Frank S Ravitch, professor at Michigan State University College of Law, offered a searing critique of the way the Supreme Court has used the concepts of neutrality and hostility in its recent jurisprudence. Professor Ravitch argued that the concept of neutrality is problematic because, at least in the Establishment Clause context, neutrality does not and cannot exist. In contrast, hostility towards religion can exist, but the fact that hostility can exist does not mean that the Court's use of the concept is accurate. Ravitch maintained that when the Court employs the term hostility it presumes that the lack of formal neutrality is hostile to religion, and he argued that this is not an ad...
Introduction. I. Background. A. Patriotic Exercises in Public Schools. B. Modern Developments. II. Establishment Clause Precedent. A. Lemon v. Kurtzman-The "Purpose " Test. B. Lynch v. Donnelly and County of Allegheny v. ACLU-The "Endorsement" Test. C. Lee v. Weisman-The "Coercion " Test. D. What is the Proper Test to Use to Determine an Establishment Clause Violation?. III. Recent Court Decisions Determining the Constitutionality of the Pledge of Allegiance. A. The Seventh Circuit Finds the Pledge to Be Constitutional as an Instance of Ceremonial Deism. B. The Ninth Circuit Finds the Pledge to Be Unconstitutional as Violative of the Establishment Clause. C. The Supreme Court's Decision in Elk Grove Unified School District v. Newdow. IV. The Unconstitutionality of the Pledge of Allegi...
Coming to a city or community near you will be a long, well- written, intimidating letter from an American Civil Liberties Union lawyer demanding that all public officials' pre-meeting prayers to any specific deity be immediately discontinued. Forsyth County, N.C., commissioners received such a letter and admirably refused to comply. Although prayers do open sessions of the U.S. House and Senate, a federal judge has found county commissioners can no longer pray in Forsyth County unless their content is "nonsectarian." This court's decision is based upon a narrow and mistaken interpretation of the establishment clause of the First Amendment. Rightfully, this case has been appealed to the U.S. Supreme Court.
The article addresses whether public school students, though minors, could receive contraceptives as part of a school distribution policy. The author explains why a clear definition for "appropriate" from an authoritative federal source is required to force the courts and states to apply a more consistent educational standard for disabled students that will lift education for disabled students to the level of the congressional mandates. The article addresses issues of importance the author believes would arise if the constitutionality of the Pledge of Allegiance was challenged on the grounds of an Establishment Clause violation before the Supreme Court.
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