Establishment Clause

What are the two schools of through regarding the establishment clause?

Strict separation vs Accommodationists

Engel v Vitale Facts

• NY State board of Regents issued a short prayer to be said before school

• Organizers challenged the prayer saying it violated the first amendment

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Engel V Vitale Question

Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment?

Engel V Vitale Conclusion

6 - 1 for Engel

• The state cannot hold prayers in public school

• Even if the prayer is not required and is not tied to a specific religion

• policy breached the constitutional wall of separation between church and state

Lemon V Kurtzman Facts

PA and Rhode Island created laws that allowed for the state to pay for some aspects of religious private education.

• Pay for textbooks, 15% of teachers salarie

• Reason for is that it is good business to have multiple options of education to entice businesses to move there

The appellate said that the laws violated the first amendment

Lemon V Kurtzman Question

Do statutes that provide state funding for non-public, non-secular schools violate the Establishment Clause of the First Amendment?

Lemon V Kurtzman Conclusion

The state laws were unconstitutional. Created the Lemon Test. Danger was not only that religion would infiltrate the government, but also that the government would push secularization onto religious creeds.

The Lemon Test?

1. Does it have a secular purpose?

2. Is the principal or primary effect one that neither promotes nor inhibits religion?

3. Does it foster Excessive government entanglement in religion?

   1. Money must have a specific secular purpose

Wallace V Jeffree Facts

An Alabama law authorized teachers to conduct regular religious prayer services and activities in school classrooms during the school day. Three of Jeffree's children attended public schools in Mobile.

Wallace V Jeffree Question

Did Alabama law violate the First Amendment's Establishment Clause?

Wallace V Jeffree Conclusion

Yes, the law violated the constitution.

the constitutionality of Alabama's prayer and meditation statute by applying the secular purpose test

a deviation from the state's duty to maintain absolute neutrality toward religion, but was an affirmative endorsement of religion.

• Wanted to establish religion in a secular school

Lee V Wiseman Facts

Robert E. Lee, a middle school principal, invited a rabbi to speak at his school's graduation ceremony.

• It was common practice of other middle and high school

Daniel Weisman wanted to stop the Rabbi from speaking at the ceremony

• Wanted a temporary restraining order but was denied.

After the graduation ceremony and the prayer was said, Weisman filed for a permanent injunction barring Lee and other Providence public school officials from inviting clergy to deliver invocations and benedictions at their schools' ceremonies.

Lee V Wiseman Question

Does the inclusion of clergy who offer prayers at official public school ceremonies violate the Establishment Clause of the First Amendment?

Lee V Wiseman Conclusion

5 - 4

YES

government involvement in this case creates "a state-sponsored and state-directed religious exercise in a public school.

• “creates subtle and indirect coercion”

Does not matter what religion it is (Jewish, muslin, Christian)

Santa Fe Independent School District V Doe Facts

An elected student would deliver an overtly Christian prayer over the PA system before football games

• A Mormon and a catholic family challenged this practice

While the law suit was pending, the school district create a new practice:

• Permitted, but did not require, student-initiated and student-led prayer at all the home games

• The students themselves voted to have the prayers at football games and to elect a spokesperson to deliver them

District Court entered an order modifying the policy to permit only nonsectarian, no proselytizing prayer.

• petitioned for a writ of certiorari, claiming its policy did not violate the Establishment Clause because the football game messages were private student speech, not public speech.

Santa Fe Independent School District Vs Doe Question

Does the Santa Fe Independent School District's policy permitting student-led, student-initiated prayer at football games violate the Establishment Clause of the First Amendment?

Santa Fe Independent School District V Doe Conclusion

6 - 3

the District's policy permitting student-led, student-initiated prayer at football games violates the Establishment Clause.

They prayers were public speech authorized by a government policy, taking place on a government property at a government sponsored event

the District's policy involved both perceived and actual government endorsement of the delivery of prayer at important school events.

Everson

Busing kids to religious schools using public transportation

SCOTUS ruled that it was fine due to the primary benefit being to the child

• Benefit is secular in nature

• Majority of school is dedicated to math, English, science, history,

  • Not religion

Bussing kids to a religious school is ok as long as the government is neutral in its relations

• must buss kids to a Muslim, Jewish, protestant school

Allegheny vs ACLU

During Winter, downtown Pittsburgh is transformed into a Christmas wonderland

• using taxpayer money

• Christmas is a religious holiday

Inside the lobby of a courthouse, there was a nativity scene (baby Jesus, Mary, donkeys)

Directly outside of the courthouse there was menorah (Hanukkah) and Santa decorations

Question: Do these decorations violate the establishment clause?

Conclusion: Only the nativity scene was violating the establishment clause

• Due to it’s location. It was in an intimidating location and can make the courthouse be viewed as a “christian courtroom”

• The Menorah was ok because it was alongside a secular symbol