About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

38 Cumb. L. Rev. 245 (2007-2008)
The Supreme Court's Dilemma Respecting Establishment Clause Jurisprudence

handle is hein.journals/cumlr38 and id is 251 raw text is: ARTICLES THE SUPREME COURT'S DILEMMA RESPECTING ESTABLISHMENT CLAUSE JURISPRUDENCE MONTE KULIGOWSKI' [T]he government must pursue a course of complete neutrality toward religion.2 - U.S. Supreme CourtJustice John Paul Stevens INTRODUCTION When it comes to establishing religion, as prohibited by the First Amendment's Establishment Clause3 and defined by the United States Supreme Court, government entities often are hard- pressed to discern the permissible from the impermissible. In one room, it is constitutional for a legislative body to open with the prayers of a Christian minister, invoking the name of Christ.4 In another, it is unconstitutional for public school officials to provide a moment of silence for students for meditation or voluntary prayer... , On one hand, the government may declare on our currency that we collectively trust in God. On the other, presuma- bly a city council may not make the same declaration on public property. So what is a locality to do, for example, when American Civil Liberties Union (ACLU) lawyers come rolling into town demand- ing the deletion of a tiny symbol of the cross from its county seal? Or demanding the removal of its Ten Commandments displays? Or demanding the expulsion of the Boy Scouts from public prop- erty? Or demanding the censorship of religious speech? Or de- manding the alteration of its nativity scene? Facing the prospect of federal lawsuits, quite often the localities surrender their long- standing religious heritages, traditions and expressions at the risk 'Virginia practitioner;J.D., 1996, Regent Law School. Wallace v.Jaffree, 472 U.S. 38, 60 (1985). 'U.S. CONST. amend. I (Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. ). See Marsh v. Chambers, 463 U.S. 783 (1983). Wallace, 472 U.S. at 41-42, 61 (internal quotations omitted).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most