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University of Dayton

Educational Leadership Faculty Publications

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Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo Jan 2016

Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo

Educational Leadership Faculty Publications

Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,2 likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously affiliated …


Another Nail In The Coffin Of Religious Freedom? Christian Legal Society V. Martinez, Charles J. Russo, William E. Thro Jan 2011

Another Nail In The Coffin Of Religious Freedom? Christian Legal Society V. Martinez, Charles J. Russo, William E. Thro

Educational Leadership Faculty Publications

No abstract provided.


Faith-Based Charter Schools: An Idea Whose Time Is Unlikely To Come, Charles J. Russo, Gerald M. Cattaro Jun 2010

Faith-Based Charter Schools: An Idea Whose Time Is Unlikely To Come, Charles J. Russo, Gerald M. Cattaro

Educational Leadership Faculty Publications

In light of the legal and educational issues surrounding the status of religious charter schools, this article is divided into two parts. The first section reviews key litigation addressing the parameters of public aid to religiously affiliated nonpublic schools because these cases provide the necessary background should judicial challenges arise to faith-based charter schools. This first part of the paper also briefly reviews Supreme Court cases that forbid prayer and/or religious activities in school, an essential part of daily activities in religiously affiliated nonpublic schools that cannot continue in faith-based charter schools. The second part reviews educational and policy considerations …


Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo Dec 2009

Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo

Educational Leadership Faculty Publications

Roman Catholic schools developed in the United States during the latter part of the 19th century partially in response to a significant wave of anti-Catholic sentiment that swept the nation. Consequently, Catholic schools were established as a kind of parallel system largely free from civil laws, as bishops, pastors, and other religious leaders were free to operate their schools largely under the Church's own internal juridical system, the Code of Canon Law. However, by the middle of the 20th century, due to a variety of demographic factors, the composition of Catholic schools began to change dramatically, particularly with regard to …


Same-Sex Marriage And Public School Curricula: Preserving Parental Rights To Direct The Education Of Their Children, Charles J. Russo Jan 2007

Same-Sex Marriage And Public School Curricula: Preserving Parental Rights To Direct The Education Of Their Children, Charles J. Russo

Educational Leadership Faculty Publications

No abstract provided.