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Johnson, T. Page – West's Education Law Reporter, 1991
U.S. Solicitor General Kenneth W. Starr has asked the Supreme Court to abandon the Establishment Clause it formulated in "Lemon v. Kurtzman" (1971) for cases involving governmental accommodation of religion in civic life. Starr's "amicus curiae" in "Lee v. Weisman" questions the clause's persistent tendency to…
Descriptors: Court Litigation, Elementary Secondary Education, Legal Problems, Religious Factors
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Mawdsley, Ralph D.; Mawdsley, Alice S. – West's Education Law Reporter, 1988
Reviews contemporary court cases to show that free exercise claims are religious and therefore unenforceable under the Establishment Clause's "Lemon" test prohibiting religious activities in public schools. Discuses inadequacies in judicial perception involving compelling interest, a pattern of anti-theistic decisions, and lesser…
Descriptors: Court Litigation, Elementary Secondary Education, Legal Problems, Public Schools
McCarthy, Martha M. – Phi Delta Kappan, 1993
Since the Supreme Court's 1992 "Lee v. Weisman" decision, holding that the First Amendment's establishment clause precluded school-sponsored graduation prayers, school officials have struggled to avoid lawsuits while satisfying community preferences. Efforts to circumvent this decision have resulted in "noncoercive"…
Descriptors: Commencement Ceremonies, Court Litigation, High Schools, Legal Problems
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Brown, Marc W. – Journal of Law and Education, 1999
Since public schools serve children of diverse religious backgrounds, an upstate New York district tried to construct a policy where all students felt comfortable. Proponents had an uphill struggle, since many constituents found nonreligious Christmas assemblies and displays acceptable. This article highlights Williamsville's Free Exercise and…
Descriptors: Board of Education Policy, Diversity (Student), Elementary Secondary Education, Legal Problems
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Okun, Susan J. – NASSP Bulletin, 1996
Although major cases involving religion in public schools were decided decades ago, disputes still arise over interpreting the First Amendment's establishment clause. Formally inviting clergy to pray at high school graduation ceremonies is clearly not permissible, but the law is unsettled regarding student-initiated and student-led nonsectarian…
Descriptors: Commencement Ceremonies, Court Litigation, High Schools, Legal Problems
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McCarthy, Martha M. – Journal of Education Finance, 2000
The U.S. Supreme Court through its interpretation of the First Amendment Establishment Clause may ultimately determine whether state-funded voucher proposals are widely adopted. This paper overviews changes in Establishment-Clause doctrine, reviews relevant litigation, and explores potential implications of recent legal developments. (Contains 80…
Descriptors: Court Litigation, Educational Vouchers, Elementary Secondary Education, Legal Problems
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Thurau-Gray, Lisa H. – Journal of Law and Education, 1998
Two cases illustrate that whenever the schools or courts abandon the Establishment Clause and embrace "child benefit theory," religious schoolchildren are the only winners. Application of "child benefit theory" has engendered religious strife, increased public funds for religious schools, increased sectarian control of public…
Descriptors: Childrens Rights, Constitutional Law, Court Litigation, Elementary Secondary Education