Post Tagged with: "Establishment Clause"

  • The Private Choice “Filter”

    First Amendment, Reproductive Rights February 20, 2014 at 1:58 pm 0 comments

    Echoing the policy behind Margaret Hazucha’s excellent critique of recent First Amendment challenges to the Affordable Care Act, I wish to sketch out an argument against these challenges carrying Establishment Clause jurisprudence into the realm of Free Exercise analysis. In 2002 against an Establishment Clause challenge, the Supreme Court upheld a Cleveland […]

  • An Introduction to Town of Greece v. Galloway

    Amicus, By Chris Havasy November 3, 2013 at 7:40 pm 0 comments

    On Wednesday, 10/30, Mr. Aaron Street, a Partner at Baker Botts LLP, and Noah Feldman, Bemis Professor of International Law, met to discuss the case Town of Greece v. Galloway, which is slated to have oral argument on November 6th in the Supreme Court. Mr. Aaron Streett Mr. Streett began by […]

  • Rick Perry Tests the Limits of the Establishment Clause (Again)

    Amicus, By Matt Giffin, First Amendment November 4, 2012 at 9:43 pm 0 comments

    Texas’s policy fails to distinguish itself from past Texas schemes rejected by courts, and it fails to pass muster under the Establishment Clause precedent of the Fifth Circuit and the Supreme Court. Perry’s personal conduct is even more out of bounds. In his advocacy of a purportedly neutral piece of legislation in such sectarian terms, he has crossed the line between accommodation of religion and active advocacy — and it is not the first time the governor has done so.

  • Making Sense of the Establishment Clause Test for Public Displays of Religion

    First Amendment March 1, 2012 at 11:28 pm 2 comments

    Each year, over 50,000 skiers and snowboarders visit the ski slopes at Big Mountain in northwest Montana, just 66 miles from the Canadian border.  This year, the mountain has set the stage for a battle between atheists and religious groups over the fate of a six-foot statue of Jesus that […]

  • Hosanna-Tabor Helps Resolve Hutterite Colony Dispute

    By Mike Sacchet, First Amendment January 30, 2012 at 1:19 pm 0 comments

    Contrary to its hopes, then, the Hutterville Colony found no secular enlightenment in the South Dakota Supreme Court in the wake of Hosanna-Tabor. Instead, the religious community must rely on its own internal dispute resolution mechanisms to resolve its decade-long controversy as to who shall reign supreme at Hutterville.

  • Establishment Clause Backlash: Disgruntled Florists Unite Against Student Challenger

    Amicus, By Mike Sacchet, First Amendment January 23, 2012 at 11:30 pm 7 comments

    While it remains unclear whether additional litigation will ensue as a result of the florists’ discrimination against Ahlquist, one thing remains certain: student-plaintiffs often face backlash from a myriad of sources within their local communities in response to their Establishment Clause challenges. Thankfully, though, students such as Jessica Ahlquist are courageous enough to stand up for their First Amendment rights in the face of such community hostility.

  • Pushing Back Against Oklahoma's Anti-Sharia Amendment

    At the very least, Judge Matheson’s ruling is a strong statement of the constitutional case against such legislation as the Oklahoma amendment. Couched in the language of Establishment Clause jurisprudence as it is, it makes clear not only that the grounds for the legislation are nonexistent, but also that its effect amounts to unconstitutional discrimination.

  • Delegation of Police Power to Religiously Affiliated Universities

    First Amendment November 26, 2011 at 12:52 am 0 comments

    The Supreme Court of North Carolina held this month that the arrest of a drunk driver by a police officer of a private Presbyterian university did not violate the Establishment Clause.  The ruling represents a major victory for religiously affiliated universities throughout the country, many of which have their own […]

  • Erosion of Lee v. Weisman in the Lower Courts

    First Amendment October 17, 2011 at 8:46 am 5 comments

    Last month, in one of the largest curtailments of the Establishment Clause in recent history, the Seventh Circuit Court of Appeals held that public schools in Wisconsin could hold high school graduation ceremonies in churches without offending the First Amendment. For nearly ten years, Brookfield Central and Brookfield East high […]

  • "In God We Trust"… except in math class

    By Bill O'Neil, First Amendment, Original Content September 18, 2011 at 9:15 pm 0 comments

    Last week, a three-judge panel of the Ninth Circuit Court of Appeals ruled unanimously that a California school district did not violate a teacher’s free speech rights by ordering him to remove posters bearing the national motto, among other phrases. In late 2006, Bradley Johnson, a San Diego County math […]