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Newdow V. Rio Linda Union School Disctrict: Religious Coercion In Public Schools Unconstitutional Despite Voluntary Nature Of Partially Patriotic Activity, Daniel D. Blom
Golden Gate University Law Review
This Note examines Newdow v. Rio Linda Union School District and explains why California Education Code Section 52720 and the School District’s policy of reciting the Pledge violate the Establishment Clause. Part I discusses the background facts and procedural history of the case and the three tests that were developed by the United States Supreme Court to analyze Establishment Clause challenges. Part II examines the Ninth Circuit’s application of the three Establishment Clause tests to the facts of this case. Finally, Part III explains why the Coercion Test is the determinative test in the context of government action in public …
The Decline Of The Establishment Clause: Effect Of Recent Supreme Court Decisions On Church-State Relations, Louis H. H. Heilbron
The Decline Of The Establishment Clause: Effect Of Recent Supreme Court Decisions On Church-State Relations, Louis H. H. Heilbron
Golden Gate University Law Review
This note relates how a grand constitutional concept set forth in the First Amendment has suffered serious erosion in the last twenty years through decisions of the United States Supreme Court. In particular, two recent decisions have had a profound effect on church - state relations by merging, rather than separating, church and state. Both cases were five-to-four decisions and in the educational field: Zelman v. Simmons-Harris concerning vouchers and Good News Club v. Milford Central School concerning after-class activities in a public elementary school. The combined opinions cover almost 200 pages of rationale, argument, and citations. This article attempts …
Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby
Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby
Golden Gate University Law Review
Church authority to practice gender discrimination in employment decisions represents the collision of principles of religious liberty on one hand, and the need to eradicate invidious discrimination on the other. In order to secure the free exercise of religion, the First Amendment prohibits legislation which interferes with or significantly abridges religious belief or conduct. To the extent that employment decisions represent the extension of religious belief, churches have a strong claim of immunity from judicial review of their decisions. Title VII of the Civil Rights Act of 1964 thus exempts religious entities from civil liability when their discriminatory conduct is …
Constitutional Law - Vernon V. City Of Los Angeles, Et Al.: Government Employer May Investigate Employee's Religious Beliefs To Determine Whether Beliefs Affect Job Performance, Wendy L. Wilbanks
Golden Gate University Law Review
In Vernon v. City of Los Angeles, et al., the Ninth Circuit held that the city of Los Angeles' investigation of its assistant police chiefs religious beliefs did not violate his state or federal civil rights.
Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Barker Brandt
Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Barker Brandt
Golden Gate University Law Review
In this article, I will first review the Court's Establishment Clause jurisprudence to date, with special attention to the issue of school prayer. Second, I will synthesize the major historical arguments driving the Court's analysis in this area. Third, I will summarize and analyze the opinions in Lee, their impact on existing jurisprudence and their importance for future cases in this area.
Constitutional Law - Zobrest V. Catalina Foothills School District: Should The Wall Between Church And State Come Crumbling Down? Funding Sign Language Interpreters And The First Amendment, Judith Sharon Rosen
Constitutional Law - Zobrest V. Catalina Foothills School District: Should The Wall Between Church And State Come Crumbling Down? Funding Sign Language Interpreters And The First Amendment, Judith Sharon Rosen
Golden Gate University Law Review
No abstract provided.
The Lemon Test And The Establishment Clause: A Proposal For Modification, Michael Barnes
The Lemon Test And The Establishment Clause: A Proposal For Modification, Michael Barnes
Golden Gate University Law Review
The separation of church and state, as contemplated by the First Amendment, has given rise to a troubling line of cases interpreting the Establishment Clause. In 1971, the United States Supreme Court fashioned a test for deciding these cases in Lemon v. Kurtzman. Previous Establishment Clause holdings were synthesized into a three-pronged analysis. "First, the statute must have a secular legislative purpose; second, its principle or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster 'an excessive government entanglement with religion.'" An act which fails to satisfy any of the three prongs …
The Establishment Clause Argument For Choice, David R. Dow
The Establishment Clause Argument For Choice, David R. Dow
Golden Gate University Law Review
Although the Court's opinion in Roe has been subjected to substantial criticism, with its attention to the issue of viability coming under attack as an egregious instance of judicial legislation, any constitutional discussion of the abortion issue must begin with Roe itself. I do not propose to defend the jurisprudential analysis in Roe. Instead, my aim is to suggest that the majority's historical survey of the significance attributed by our culture to the moment of viability adumbrates the distinction between cultural and religious values that I propose in this essay. My argument proceeds as follows. Part I of this essay …