Posts filtered by tags: Establishment Clause[x]


"Supreme Court says Montana program aiding private schools must be open to religious schools."

WaPo reports.Chief Justice John G. Roberts Jr., writing for a conservative majority in the 5 to 4 ruling, said the Montana Supreme Court was wrong to strike down the program because of a provision in the state constitution that forbids public funds from going to religious institutions. The U.S. Constitution’s protection of religious freedom prevails, he said.“A state need not subsidize private education,” Roberts wrote. “But once a state decides to do so, it cannot disqualify some private school...
Tags: Supreme Court, Education, Law, Montana, John Roberts, Roberts, WaPo, John G Roberts Jr, Montana Supreme Court, Religion And Government, Establishment Clause, Ann Althouse, Free Exercise Clause

The justice and only justice of removing "Justice, and only justice, you shall pursue" from the courthouse wall.

The words are from the Bible — Deuteronomy 16:20 — and they appear on a plaque under the name of the circuit attorney of St. Louis, Missouri. The demand to take down the plaque, on the theory that it violates the Establishment Clause, comes from The Freedom From Religion Foundation, Christian News reports.“We write to request that this sign be removed, both because it represents a government endorsement of religion in violation of the First Amendment, and because it advocates a form of ‘justice’...
Tags: Law, Testicles, St Louis Missouri, Deuteronomy, Establishment Clause, Ann Althouse, Freedom From Religion

Not taking the time to look carefully.

From Intelligencer, a subdivision of New York Magazine. Here's my screen shot. Click to enlarge and clarify. The picture caption reads "Justice Kagan, top right, wrote the dissent."In case it's not obvious to you, Justice Kagan is not even in that picture.The executed man, Domineque Ray, asked to have his imam present. The Eleventh Circuit court granted a stay of execution. The Supreme Court majority took into account that Ray's application for a stay was "last minute." (I'm reading now.) Just...
Tags: Supreme Court, Law, Court, Islam, Death Penalty, Ray, State, Elena Kagan, Kagan, Eleventh Circuit, This Court, Establishment Clause, Ann Althouse, Courts of Appeals, Here Ray, New York Magazine Here

The God Pod.

The Herald reports:A Muslim civil rights group filed a federal lawsuit Wednesday against a regional jail in Virginia, alleging that the jail has set up a Christians-only unit dubbed the “God Pod.”The Council on American-Islamic Relations says officials at the Riverside Regional Jail have set aside a housing pod exclusively for Christian inmates who promise to live in accordance with the Bible. The group says the Christian pod violates the Constitution by favoring one religion over others.The law...
Tags: Prison, Law, Virginia, Christianity, Muslim, Herald, Establishment Clause, Ann Althouse

Trump wins the travel ban case.

Here's the PDF of the Supreme Court case, issued just now.ROBERTS, C. J., delivered the opinion of the Court, in which KENNEDY, THOMAS, ALITO, and GORSUCH, JJ., joined. KENNEDY, J., and THOMAS, J., filed concurring opinions. BREYER, J., filed a dissenting opinion, in which KAGAN, J., joined. SOTOMAYOR, J., filed a dissenting opinion, in which GINSBURG, J., joined.From the Roberts opinion:Under the Immigration and Nationality Act, foreign nationals seeking entry into the United States undergo a v...
Tags: Europe, Supreme Court, Law, Congress, Court, United States, Islam, Evans, National Security, Jackson, Muslims, Kennedy, Trump, Thomas, Sonia Sotomayor, John Roberts

"It is unconstitutional for public officials, including the president, to block Twitter followers who criticize them, a court ruled today in a legal dispute over President Trump’s account."

The Verge reports.[The court wrote that] Twitter’s “interactive space,” where users can interact with Trump’s tweets, qualifies as a public forum, and that blocking users unconstitutionally restricts their speech. The decision rejected arguments from the president’s team that President Trump’s own First Amendment rights would be violated if he could not block users....The court, while not going so far as to enter an order against the president and social media director Dan Scavino specifically, ...
Tags: Twitter, Supreme Court, Law, Censorship, Free Speech, Trump, Eugene Volokh, Establishment Clause, Ann Althouse, Dan Scavino, Volokh, Trump and the law

"The great Body of the People in every Free Government, must always be considered as the Husband of the Constitution thereof, and..."

"... consequently that as long as such Constitution performs the duties of Love Honor and Obedience to Her great Constituent Body, or Political Husband, She is entitled to be Kept both in sickness and in Health, with all possible Love and Fidelity by such her said Husband and that on a breach of her Duty she must expect to incur the Pains and Penalties of Divorce.”So said William Stuart to Griffith Evans, in the debate about whether to ratify the Constitution. New York, 11 July 1788 (CC Vol. 6, ...
Tags: New York, Law, Metaphor, Fidelity, Blood, UW, Seventh Circuit, Establishment Clause, Ann Althouse, William Stuart, Griffith Evans, Congress Metaphor

"The Seventh Circuit found an Indiana high school’s Christmas Spectacular concert constitutional after the school added Hanukkah and Kwanzaa songs and replaced its live nativity with mannequins."

"The parties put us in the uncomfortable role of Grinch, examining the details of an impressive high school production. But we accept this position, because we live in a society where all religions are welcome," wrote U.S. Circuit Judge Diane Wood, reported in Courthouse News Service.The Freedom From Religion Foundation and ACLU of Indiana sued the school in October 2015 over the event, claiming it “represents an endorsement of religion by the high school and the school corporation, has no secul...
Tags: Education, Law, Christmas, Indiana, Judaism, Aclu, Kwanzaa, Wood, Courthouse News Service, Concord, Freedom From Religion Foundation, Seventh Circuit, Establishment Clause, Ann Althouse, Diane Wood, Freedom From Religion

Can a public school require students to watch this video?

There is a lawsuit in federal court in New Jersey against a school that required students to watch this 5-minutes "Introduction to Islam" as part of the World Cultures and Geography course. Under Establishment Clause doctrine, there should be nothing wrong with teaching public school students about religion, but there are some problems with the video. As the plaintiff puts it:The video, according to the lawsuit, "seeks to convert viewers to Islam and is filled with the religious teachings of Isl...
Tags: Law, New Jersey, Islam, God, Propaganda, Prayer, Muhammad, Establishment Clause, Ann Althouse, Introduction to Islam

"Perhaps the longer a violation persists, the greater the affront to those offended."

Wrote 4th Circuit Judge Stephanie D. Thacker, responding to dissenting Chief Judge Roger L. Gregory, who said that the fact that the 40-foot cross had gone unchallenged for 90 years is a reason to let it stay where it is, on a highway median in Prince George’s County.WaPo reports. The initial challenge in Maryland was brought by the American Humanist Association, a Washington-based group that represents atheists and others. The group did not dispute the monument is a memorial, but said in court ...
Tags: Art, Post, Texas, Maryland, Supreme Court, Law, Washington Post, Washington, Egypt, Sculpture, Editing, Christianity, Monuments, Joseph, Wynn, WaPo

Freedom To or Freedom From (Free, Pt. 2)

Freedom has many meanings, but it may come down to a basic choice between Freedom To or Freedom From. In a pluralistic society, it's hard to have both. The post Freedom To or Freedom From (Free, Pt. 2) appeared first on Legal Reader.
Tags: Religious Freedom, Freedom, Civil Rights, Marriage Equality, Founders, News & Politics, Bill Of Rights, Constitutional Rights, Establishment Clause, Handmaid's Tale

That was a nonapology from the leader of the Boy Scouts.

All day, I've been seeing that there was an apology, and I just got around to reading it:I want to extend my sincere apologies to those in our Scouting family who were offended by the political rhetoric that was inserted into the jamboree. That was never our intent. The invitation for the sitting U.S. President to visit the National Jamboree is a long-standing tradition that has been extended to the leader of our nation that has had a Jamboree during his term since 1937. It is in no way an endor...
Tags: Law, Jesus, Boy Scouts, Free Speech, Apologies, National Jamboree, Establishment Clause, Ann Althouse, Trump rhetoric, Michael Surbaugh, Surbaugh

Replacing Justice Kennedy: A Legacy-Defining Achievement For President Trump

The ramifications of a Gorsuch-like conservative replacing a Kennedy swing vote would reverberate for a lifetime.
Tags: Politics, Gay Marriage, Supreme Court, Law, Scotus, Retirement, Religion, Gay, Abortion, Federal Judges, Donald Trump, First Amendment, Kennedy, Trump, 1st Amendment, Anthony Kennedy

"The Bayview Park Cross has stood in Pensacola, Fla., for around 75 years after being originally erected in 1941."

"Now, due to the recent declaration of a federal judge, the park has 30 days to remove it." [Author: [email protected] (Ann Althouse)]
Tags: Florida, Law, Monuments, Pensacola Fla, Establishment Clause, Ann Althouse, Bayview Park Cross

When the NYT forgets about the Establishment Clause and public education.

I was stunned at something in the article "Climate Science Meets a Stubborn Obstacle: Students," which focuses on an Ohio public school teacher, James Sutter, who's having trouble getting his lesson across to a student named Gwen Beatty, who, we're told, is a straight-A student.When she insisted that teachers “are supposed to be open to opinions,” however, Mr. Sutter held his ground.“It’s not about opinions,” he told her. “It’s about the evidence.”“It’s like you can’t disagree with a scientist o...
Tags: Science Fiction, Education, Law, Global Warming, New York Times, Nyt, Ohio, Beatty, Logan, Gwen, Sutter, Religion And Government, Establishment Clause, Ann Althouse, Religion Substitutes, James Sutter

"Judge Robart’s brisk ruling contained almost no reasoning. By contrast, Judge Nathaniel M. Gorton, of the Federal District Court in Boston..."

"... issued a 21-page decision on Friday refusing to block the program and discussing the legal arguments in detail. Judge Gorton also sketched out the broader picture. 'The rich immigrant history of the United States has long been a source of strength and pride in this country,' Judge Gorton wrote. 'Conversely, the public interest in safety and security in this ever-more dangerous world is strong as well.' The balance, he wrote, tipped in favor of Mr. Trump."Writes Adam Liptak in the NYT, creat...
Tags: Law, Boston, United States, Standing, Separation of Powers, Trump, Adam Liptak, Liptak, Gorton, Federal District Court, Establishment Clause, Ann Althouse

Trump's anti-education Education Secretary owes millions in election fraud fines

Betsy DeVos is the self-described neo-Calvinist and wife of the heir to the Amway fortune who's devoted her life to fighting against public education through a system of vouchers that allow for public funding of religious schools; in accord with the trumpian maxim of "a fox for every henhouse," she has been selected to serve as Trump's Education Secretary. (more…)
Tags: Post, Crime, News, Christ What An Asshole, Religion, Fraud, Bernie Sanders, Trumpism, Trump, Amway, Establishment Clause, Betsy DeVos, Pyramid Schemes

Appeals Court Upholds Constitutionality of Christian Prayers Led by N.C. County Board

A federal appeals court upheld the constitutionality of Christian prayers delivered by county commissioners in North Carolina.
Tags: Law, First Amendment, Appeals Court, Fourth Circuit, Appellate Courts, Establishment Clause

Texas Mayor Says ‘There’s No Way in Hell’ City Will Remove ‘God’s Country’ Signs

A legal group wants the Texas city of Hondo to remove welcome signs that say "This is God's Country -- Please Don't Drive Through It Like Hell."
Tags: Texas, Law, Hell, Constitutional Law, Hondo, Establishment Clause

Jesus Lunch update.

A couple weeks ago, we were talking about the "Jesus Lunches" in the Middleton, Wisconsin park next to the high school. I'd said:The district superintendent and the high school principal in Middleton, Wisconsin are trying to end this activity, which started in 2014, when some parents began meeting with their own children and their children's friends, and has grown to the point were the authorities are worrying about whether it's legal (and not worrying enough about whether stopping it is illegal...
Tags: Law, Christianity, Jesus, Johnson, Free Speech, United States of America, Fleming, Don Johnson, Religion And Government, Establishment Clause, Ann Althouse, Middleton Wisconsin, Fireman 's Park, Matt -RSB- Fleming

"Jesus Lunches" — free lunch and talking about Jesus, in the city park next to the high school.

The district superintendent and the high school principal in Middleton, Wisconsin are trying to end this activity, which started in 2014, when some parents began meeting with their own children and their children's friends, and has grown to the point were the authorities are worrying about whether it's legal (and not worrying enough about whether stopping it is illegal).“We believe that religious or political events do not have a place in our school or on our campus, except when sponsored by a s...
Tags: Law, Christianity, Jesus, Middleton, Free Speech, Donald Johnson, Religion And Government, Establishment Clause, Ann Althouse, Middleton Wisconsin, Stephen Plank

Cross on L.A. County Seal is Unconstitutional, Federal Judge Rules

The Los Angeles County Board of Supervisors violated the U.S. Constitution when it inserted an image of a tiny Latin cross to the county's official seal, a federal judge ruled Thursday.
Tags: First Amendment, Constitutional Law, Los Angeles County, Los Angeles County Board of Supervisors, Establishment Clause

The Establishment Claus

by Jay Marshall Wolman Five years ago, Josh Blackman asked whether the NORAD tracking of St. Nick violated the Establishment Clause.  After all, he is sort of a religious icon.  I would suggest it doesn’t. This year, the Consumerist delved a bit more into the history.  It seems that a kid was concerned about that right jolly […]
Tags: Santa, Misc, Norad, Josh Blackman, St Nick, Establishment Clause, Jay Marshall Wolman Five