Establishment Clause Tag

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Posted 07 Apr 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:SCT stairs Second Circuit Fourth Circuit

Posted 06 Nov 2013 in Case Notes

Today, the Supreme Court heard argument in Town of Greece v. Galloway, No. 12-696, which asks whether the Town's legislative-prayer practice violates the Establishment Clause. We previously discussed the case here. Here is a transcript of the oral argument. And here is a recap from Lyle Denniston. He concludes by building on a comment from Justice Kagan: Justice Kagan tried to sum up: Isn’t the question here, she said, whether public meeting prayers with references to Jesus Christ “will be allowed in a public...

Posted 19 Aug 2013 in Case Notes
[caption id="attachment_33" align="alignright" width="300"]The Supreme Court will evaluate local-government prayer practices this term. The Supreme Court will evaluate local-government prayer practices this term.[/caption] If your community starts its government meetings with a prayer, it might be violating the Constitution. In a case that the Supreme Court will consider in the coming term, Town of Greece v. Galloway, 12-696, the Court will decide whether a local government’s legislative prayer practice runs afoul of the Establishment Clause. The Second Circuit held that the Town of Greece’s prayer practice is unconstitutional because “an objective, reasonable person would believe [it] had the effect of affiliating the town with Christianity.”