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).

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