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Topic: Establishment Clause

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In the News (Sun 23 Jun 19)

  Establishment Clause of the First Amendment - Wikipedia, the free encyclopedia
The clause itself was seen as a reaction to the Church of England, established as the official church of England and some of the colonies, during the colonial era.
The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church.
It was only a violation of the establishment clause to erect a religious monument on government property; Moore was free to maintain that monument on private land.
en.wikipedia.org /wiki/Establishment_Clause_of_the_First_Amendment   (1786 words)

 firstamendmentcenter.org: Religious Liberty in Public Life - Establishment clause Index
Board of Education that the establishment clause is one of the “liberties” protected by the due-process clause.
She expressed her understanding of the establishment clause in the 1984 case of Lynch v.
Although the Court’s interpretation of the establishment clause is in flux, it is likely that for the foreseeable future a majority of the justices will continue to view government neutrality toward religion as the guiding principle.
www.firstamendmentcenter.org /rel_liberty/establishment/index.aspx   (1675 words)

 American Civil Liberties Union : The Establishment Clause and the Schools: A Legal Bulletin
Attendance may not be required by official decree, yet it is apparent that a student is not free to absent herself from the graduation exercise in any real sense of the term "voluntary," for absence would require forfeiture of those intangible benefits which have motivated the student through youth and all her high school years.
A long line of Supreme Court precedents establish that it is impermissible for school officials to allow the machinery of the state to be used to gather an audience for religious exercises or instruction.
It is well established that the free speech rights of individuals and religious groups to engage in religious expression must be subordinated to Establishment Clause concerns where those individuals or groups seek to observe their religion in a manner that unduly involves the government.
www.aclu.org /religion/gen/16037res20020311.html   (3808 words)

 Establishment Clause
In the words of Jefferson, the clause against establishment of religion by law was intended to erect "a wall of separation between church and State." Reynolds v.
The basic purpose of the Establishment Clause is to erect a "wall of separation" between church and state.
Background: The basic purpose of the Establishment Clause is, in the words of Thomas Jefferson, to erect "a wall of separation between church and state." However, the image "wall" does not help very much in determining what types of state actions violate the Clause.
members.tripod.com /~candst/estclause.htm   (6035 words)

 Establishment Clause Law and Legal Definition - USlegalforms.com
The Establishment Clause is a provision in the First Amendment of the U.S. Constitution, extended to apply to the states through the Fouteenth Amendment, which prohibits laws dealing with the establishment of religion.
The Establishment Clause was intended to prohibit the federal government from declaring and financially supporting a national religion.
There is often tension between application of the Establishment Clause and the Free Exercise Clause, which protects the exercise of religious freedom.
www.uslegalforms.com /legaldefinitions/e/establishment-clause.php   (396 words)

 Liberty Magazine
A structural clause, to be sure, often has a laudable effect on individual rights when the branches of government (legislative, executive, and judicial) stay within their authority.
Board of Education, the Establishment Clause is applied not to relieve individual complainants of religious coercion or religious harm, but to keep in proper relationship two centers of authority: government and religion.
The Establishment Clause can be a means of redress for personal harms, but only when the injury is not religious in nature, such as economic harm or damage to property, constraints on academic inquiry by teachers and students, or restraints on freethinking atheists.
www.libertymagazine.org /article/articleview/152   (2193 words)

 Establishment Clause of the First Amendment - dKosopedia
The Establishment Clause of the First Amendment plainly prohibits the establishment of a national religion by Congress or the preference of one religion over another.
It was not, however, until the middle and later years of the twentieth century that the Supreme Court began to interpret the establishment and free exercise clauses in such a manner as to reduce substantially the promotion of religion by state governments.
Schempp, the case involving the reading of the Lord's Prayer in class, the Supreme Court introduced the "secular purpose" and "primary effect" tests, which were to be used to determine compatibility with the establishment clause.
www.dkosopedia.com /w/index.php?title=Establishment_Clause_of_the_First_Amendment&printable=yes   (1463 words)

 Establishment Clause - CreationWiki
Second, the Clause only prohibited the "Establishment of religion" — that is, for example, a law making "Lutheranism" the official religion of the United States.
Through the secularization of the 19th century and early 20th century, the Establishment Clause came to be interpreted in a vastly different way than it was originally.
Only recently have school boards in Ohio and Kansas begun an approach to creationism instruction which does not violate Establishment Clause jurisprudence, by simply adding Intelligent design to the curriculum, and removing reference to evolution from their standardized exams, respectively.
www.creationwiki.net /index.php?title=Establishment_Clause   (735 words)

 Edwards v. Aguillard
The Establishment Clause, however, "forbids alike the preference of a religious doctrine or the prohibition of theory which is deemed antagonistic to a particular dogma." Id., at 106-107 (emphasis added).
The Establishment Clause is properly understood to prohibit the use of the Bible and other religious documents in public school education only when the purpose of the use is to advance a particular religious belief.
Although the Establishment Clause, including its secular purpose requirement, was of substantial concern to the legislators, they eventually voted overwhelmingly in favor of the Balanced Treatment Act: The House approved it 71-19 (with 15 members absent), 2 id., at E-716 -- E-722; the Senate 26-12 (with all members present), id., at E-741 -- E-744.
www.talkorigins.org /faqs/edwards-v-aguillard.html   (17923 words)

 Establishment Clause
The Establishment Clause in the Wisconsin Constitution includes the right to be free from a state-preferred religion, to be free from compelled adherence to or support of any religion, and to be free from giving compulsory monetary aid to any religion.
This section reiterates, and expands upon, the rights established by the First Amendment to the United States Constitution to free exercise of religion and freedom from the establishment of a state religion.
The Establishment Clause analyses in more recent decisions have focused on both the subjective intent and objective effects of a statute or practice.
www.legis.state.wi.us /lrb/pubs/consthi/05consthiV2.htm   (1392 words)

 ABA Division for Public Education: Students in Action: Debating Church-State Relations and Related Free-Speech Issues: ...
“Established Churches in Colonial Times” for more details.) By the end of the 1700s, however, the resolve against having any national religion was strong enough to make this prohibition the very first right in the Bill of Rights.
According to the Court, the school district violated the Establishment Clause by allowing such prayer before football games even though the students had voted in a school election to include prayers before the game.
Another establishment issue that is just now heating up in the news involves President Bush's proposal to allow more religious ("faith-based") institutions and secular charities to receive government money to provide social services.
www.abanet.org /publiced/youth/sia/churchstate/establishment.html   (1161 words)

 Paper No. 4: The Establishment Clause: An Exchange
Given the present political climate, we concede that the Establishment Clause is effectively counter majority - that is, it stands in the way of legislation supported by the majority of society.
The authors quote the Establishment Clause and praise the "Framers" for having "struck a centrist pose," meaning, we assume, that while persons are entitled to the free exercise of their religion, the government must have nothing to do with religion.
According to the authors of the First Amendment, not to mention the words of the Establishment Clause itself, states were free to establish, or not establish, religion as they deemed fit.
www.geocities.com /ukfedsociety/establishment.html   (1728 words)

 Legal Affairs Debate Club - Did the court get the establishment clause right?
First, rather than interpreting the Establishment Clause in accord with the 150-year-old original understanding, which barred the national government from coercive, sectarian establishments, the court held that the clause also prohibited preference for religion over non-religion.
Taken to its logical conclusion, the court's current Establishment Clause jurisprudence would require us to excise "under God" from the Pledge of Allegiance, the idea that we are endowed with unalienable rights "by our Creator" from the Declaration of Independence, and the acknowledgements of "Almighty God" from the preambles of nearly every state constitution.
Another is that the proposed Blaine Amendment, which sought to extend the Establishment Clause to the states in the wake of the 14th Amendment, was defeated.
legalaffairs.org /webexclusive/debateclub_tencoms0605.msp   (3528 words)

 Separation of Church and State: Establishment Clause of the First Amendment
Here, the Court established the Endorsement test which analyzes whether a direct government action that endorses religion or a particular religious practice that makes adherence to religion relevant to a person's standing in the political community is invalid because it sends a message to those who do not adhere that they are outsiders.
The court held that student prayers read at high school assemblies violated the Establishment Clause where the principal with concurrence of superintendent granted permission for student council to recite prayers and bible verses of their choosing during school hours.
The Court determined that despite the school board’s delegation of all decisions concerning school prayer to its students and a disclaimer in school’s commencement program, the state was sufficiently involved in the recitation of the prayers because the state controlled and financed the graduation.
law.gsu.edu /library/alr/ebaird.htm   (2206 words)

 Religion Clause: Justice Breyer Discusses Establishment Clause   (Site not responding. Last check: 2007-11-01)
Breyer said the Establishment Clause was designed not as an "absolute separation" of church and state, but as a way to "minimize social conflict based on religion." He traced the language of the Establishment Clause to "the wars of religion" between Catholics and Protestants in 17th-century Europe.
He pointed out that the clause's interpretation has evolved in the 20th century, as the country has changed and immigrants introduced dozens of new religions.
While the court's view of the Establishment Clause has changed, Breyer believes it has still stayed true to the original values that the Founders intended.
religionclause.blogspot.com /2006/01/justice-breyer-discusses-establishment.html   (233 words)

 Jurisprudence on Establishment Clause All Wet by Clarence Thomas
The text and history of the Establishment Clause strongly suggest that it is a federalism provision intended to prevent Congress from interfering with state establishments.
By contrast, the Free Exercise Clause plainly protects individuals against congressional interference with the right to exercise their religion, and the remaining Clauses within the First Amendment expressly disable Congress from "abridging [particular] freedom[s]." (Emphasis added.) This textual analysis is consistent with the prevailing view that the Constitution left religion to the States.
Even if "establishment" had a broader definition, one that included support for religion generally through taxation, the element of legal coercion (by the State) would still be present.
www.humanevents.com /article.php?id=4176   (2238 words)

 One Nation, Under Siege by Establishment Clause Revisionism
A nation at war, which continues to mourn its fallen heroes from 9-11, wrapping itself in the collective comfort of a renewed spirit of patriotism, was rudely awakened this morning to news that the Pledge of Allegiance is unconstitutional.
It was in the context of his brief, three paragraph letter, that Jefferson used the phrase: "wall of separation between church and state" as an allusion to a wall around a church to keep the government from interfering in the free exercise of religion.
The Lee case established a new precedent, in that the Court would not simply consider whether an action "establishes" a religion, but whether it forces people to involuntarily join in expressions of any religious belief, even if general in nature.
www.cfif.org /htdocs/legal_issues/legal_updates/other_noteworthy_cases/estab_clause.htm   (2228 words)

 SSRN-A Two-Track Theory of the Establishment Clause by Frederick Gedicks
The Establishment Clause has long been thought to protect two mutually antagonistic values, the separation of church and state, and government neutrality with respect to religion.
An Establishment Clause doctrine informed by separation presupposes that the involvement of government in matters of religious belief and practice threatens liberty in ways that government involvement in secular matters does not.
Under an Establishment Clause doctrine informed by neutrality, religious belief and activity are not thought to be unique, and religion is treated as simply one among many possible activities in which citizens might choose to involve themselves.
papers.ssrn.com /sol3/papers.cfm?abstract_id=318859   (530 words)

 Marsh vs Chambers
Claiming that the Nebraska Legislature's chaplaincy practice violates the Establishment Clause of the First Amendment, he brought this action under 42 U.S.C. 1983, seeking to enjoin enforcement of the practice....
It is contrary to the doctrine as well the underlying purposes of the Establishment Clause, and it is not saved either by its history or by any of the other considerations suggested in the Court's opinion....
The inherent adaptability of the Constitution and its amendments is particularly important with respect to the Establishment Clause.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/marsh.html   (2025 words)

 Establishment Clause Gag Reflex, The Brigham Young University Law Review - Find Articles
As the conversation progressed, I found myself defending the results in various cases on what I described as "realist" grounds-that is, not on the basis of supposedly "neutral principles," but by reference to my assessment of the kinds of church-state interactions that most Americans would tolerate.
The Establishment Clause gag reflex is an instinctive intellectual revulsion to the possibility of particular resolutions of Establishment Clause cases.
In medical terms, the "gag reflex" refers to the normal choking or retching reflex "caused especially] by stimulation (as by touch) of the pharynx."1 The term derives from the verb "to gag," which means to nauseate or to choke,2 combined with the noun "reflex," which refers, among other things, to "an act.
www.findarticles.com /p/articles/mi_qa3736/is_200401/ai_n9466298   (682 words)

 Establishment Clause
The ludicrous example is little different from Court interpretation of the Establishment Clause, which has followed a path of similar absurdity, the Court ultimately equating a student at a graduation ceremony with Congress, and his verbalized prayer as the establishing of religion by government.
Applying it to religious freedom, the Court cannot consider the Establishment Clause as a justification for overturning a law that was not passed by Congress, and the outcome is not the same, because an establishing of religion, unlike a restricting of speech, is not a violation of citizen's rights.
Even if the States were disallowed from passing laws establishing a religion, citizens should be free to openly verbalize their religious beliefs without fear of state interference, because the Constitution grants these rights generously to all citizens.
www.liberty-ca.org /articles/article200206misapplied_establishment_clause.htm   (1570 words)

 EPAA Vol. 8 No. 36 Welner: Taxing the Establishment Clause: The Revolutionary Decision of the Arizona Supreme Court in ...
This is particularly salient in the area of religious teaching, since the establishment clause clearly prohibits public schools from providing the religious education that many parents want for their children.
Imagine a law establishing the Gideons' religious organization as the “Official Church of the U.S.A.” Such a law would strike at the heart of the constitutional prohibition against laws “respecting an establishment of religion.” Upon challenge, it would be declared unconstitutional.
That is, because the education clause directs that the state's educational goals shall be obtained through free public schools, the use of vouchers (to private schools) to achieve this same aim is implicitly prohibited.
epaa.asu.edu /epaa/v8n36   (8297 words)

 Abington v Schempp: A Study in the Establishment Clause
In the Everson case, the Court nevertheless upheld the State of New Jersey parochial school busing plan on the basis that the assistance was to the child, not to a religion.
Thus the Court established a test to determine the extent to which the public school may accommodate religious education during the school day, a distinction used by the Court later in the Schempp decision.
While the Free Exercise Clause clearly prohibits the use of state action to deny the rights of free exercise to anyone, it has never meant that a majority could use the machinery of the State to practice its beliefs.
www.alaskool.org /resources/teaching/national_archives/Abington_v_Schempp.htm   (2194 words)

 Lemon v. Kurtzman - Wikipedia, the free encyclopedia
For a law to be considered constitutional under the Establishment Clause of the First Amendment, the law must have a legitimate secular purpose, must not have the primary effect of either advancing or inhibiting religion, and must not result in an excessive entanglement of government and religion.
The Court's decision in this case established the "Lemon test", which details the requirements for United States legislation concerning religion.
If any of these three prongs is violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.
en.wikipedia.org /wiki/Lemon_v._Kurtzman   (409 words)

 SSRN-The Establishment Clause: Corollary of Eighteenth-Century Corporate Law? by Douglas Smith
The thesis of this article is that the framers understood the term establishment in a very technical sense.
Establishing a religion was essentially equivalent to granting a special corporate charter to a particular religious denomination.
Accordingly, in prohibiting Congress from issuing laws respecting an establishment of religion, the framers sought to prohibit the federal government from passing laws relating to such corporate charters.
papers.ssrn.com /sol3/papers.cfm?abstract_id=772864   (258 words)

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