Law Commons^™

Coercion And Choice Under The Establishment Clause, Cynthia V. Ward

Cynthia V. Ward

In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the test. …

Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins

Neal E. Devins

No abstract provided.

Is Prayer Constitutional At Municipal Council Meetings?, Thomas A. Schweitzer

Thomas A. Schweitzer

The author discusses Galloway v. Town of Greece, a case which challenges official prayers at town council meetings. To provide the necessary background information for understanding the issues in Galloway, the author begins with a brief discussion of two other cases, Lemon v. Kurtzman and Marsh v. Chambers. The author then examines the district and circuit court decisions in Galloway and the Establishment Clause issues posed by the case. Next, the author notes issues raised by other lower court decisions involving legislative prayer after Marsh. Towards the end of the article, to clarify and decide the constitutional issues, the author …

Symposium: Religious Pluralism, Civic Unity, And The Judicial Role, Richard Garnett

Richard W Garnett

Rick Garnett posted, as a guest author, to the SCOTUSblog Special Feature: Legislative prayer symposium Legislative prayer symposium the article Symposium: Religious pluralism, civic unity, and the judicial role on May 8.

Here’S Some Malarkey: Judges Are Umpires, Alan E. Garfield

Alan E Garfield

No abstract provided.

Rick Garnett Was Quoted In The Abc News In Supreme Court Upholds Prayer At Town Meetings On May 5., Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the ABC News in Supreme Court Upholds Prayer at Town Meetings on May 5.

Rick Garnett Appeared On Abc World News With Diane Sawyer Prayer In America On May 5., Richard Garnett

Richard W Garnett

Rick Garnett appeared on ABC World News with Diane Sawyer Prayer in America on May 5.

Rick Garnett Was Quoted In The Religion News Service Article Supreme Court Approves Sectarian Prayer At Public Meetings On May 5, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the Religion News Service article Supreme Court approves sectarian prayer at public meetings on May 5. But University of Notre Dame law professor Richard W. Garnett, who specializes in church/state relations and religious freedom, called the decision correct and unsurprising. “What might be surprising, though, is that four justices dissented. It would have been a dramatic and controversial move … to rule that legislative prayers are necessarily unconstitutional,” Garnett said. Just because sectarian prayers are constitutional, Garnett said, doesn’t mean that policies like those of the town of Greece “are wise or welcoming.”

Rick Garnett Was Quoted In The Npr Story Prayers Before Town Hall Meetings Are Constitutional, High Court Finds On May 5, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the NPR story Prayers Before Town Hall Meetings Are Constitutional, High Court Finds on May 5.

University of Notre Dame Professor of Law and religious freedom expert Richard W. Garnett says that today's decision doesn't change the way this kind of prayer has been viewed historically. "It would have been a dramatic and controversial move — a move that the [Obama] Administration, among others, argued against — to rule that legislative prayers are necessarily unconstitutional," Garnett tells us in an email. "And, none of the Justices endorsed such a departure from past practices and rulings. …

Top Court Won't Block Town Prayers, Richard Garnett

Richard W Garnett

Contribution to CNN Opinion by Rick Garnett. Richard Garnett says predicting court decisions is risky, but the odds are the court won't overturn public meeting prayers.

Praying In Greece, Gerard Bradley

Gerard V. Bradley

Contribution by Gerry Bradley in The Public Discourse. Judicial precedent, historical awareness, and the very nature of prayer all make it clear: legislators have the right to begin their assemblies with a prayer. The Supreme Court is hearing oral argument today in Greece v. Galloway, a case about lawmakers who begin their assemblies with prayer. The dispute has nothing to do with the financially beleaguered Aegean republic, even though one of the prayers at issue hailed Athena and Apollo. This Greece is a town in upstate New York, near Rochester. In 1999, the town began to open its Board meetings …

Board Meeting Prayer Bound For Supreme Court In Church-State Case, Richard Garnett

Richard W Garnett

ABC News quoted Rick Garnett in the article by Ariane de Vogue. Richard Garnett, an expert on church-state issues at the Notre Dame Law School says, “At the heart of this new case is whether the court should stick with a relatively bright-line rule that treats legislative prayers as presumptively permissible, given their long use in our country, or whether the court should move to more of an all-things-considered inquiry that treats such prayers like Christmas displays and the like.”

Supreme Court To Hear Case On Separating Church And State, Gerard Bradley

Gerard V. Bradley

Gerard Bradley was quoted in the Los Angeles Times article Supreme Court to hear new case on religion in public lifeby David G. Savage on November 2, 2013. Notre Dame Law professor Gerard Bradley thinks justices may be ready to "reject or seriously modify the 'endorsement' test."

Legislative Prayer Gets Supreme Court Review, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the Associated Press article by MARK SHERMAN

The article was also published in

Wall Street Journal, Businessweek, NPR. NBC News, Fox News, Yahoo! News

Richard Garnett, a University of Notre Dame law professor and former Supreme Court clerk, said it is likely that the court will reverse the appeals court and that a narrow ruling of the sort sought by the administration could cause some liberal justices to join their conservative colleagues.

But because the case can be resolved narrowly, Garnett said it probably is not one the justices will use to order judges to …

Supreme Court To Hear New Case On Religion In Public Life, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the Washington Post article.

Against this “messy” backdrop, said Richard Garnett, a law professor at Notre Dame, the court’s view on legislative prayer “is actually one of the clearer areas in the court’s Establishment Clause” jurisprudence.

Supreme Court Wrestles With Prayer At Public Meetings, Alan E. Garfield

Alan E Garfield

No abstract provided.

Just Like A Prayer?, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in The American Prospect article Just Like a Prayer? on November 1, 2013 Quotations below: But Rick Garnett, a professor of law and political science at the University of Notre Dame, says that’s a stretch, even for Kennedy. “Sure, there are children who come to municipal government meetings, but there are a whole lot of tourists and children who come to Congress,” he says. “I don’t think the court will want to take that vague idea of peer pressure as coercion and expand it beyond the school context.” From Garnett’s perspective, this is a good thing. …

Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz

Bruce Ledewitz

Some form of government neutrality toward religion, in contrast to a more pro-religion stance or a turn toward nonjusticiability, is the only interpretation of the Establishment Clause that can potentially lead to a national consensus concerning the proper role of religion in American public life. But to achieve that goal, neutrality theory must acknowledge and engage the need for the expressions of deep meaning on public occasions and in the public square generally. Current neutrality doctrine promotes a silent and empty public square. This article proposes an interpretation of neutrality that would allow a symbol-rich, meaning-full public square without violating …

Lee V. Weisman And The Establishment Clause: Are Invocations And Benedictions At Public School Graduations Constitutionally Unspeakable?, Thomas A. Schweitzer

Thomas A. Schweitzer

No abstract provided.

Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three Pronged Test?, Thomas A. Schweitzer

Thomas A. Schweitzer

No abstract provided.

The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduation Still Be Constitutional?, Thomas A. Schweitzer

Thomas A. Schweitzer

No abstract provided.

Prayer In The Public Schools, Lawrence A. Hamermesh, Jack B. Blumenfeld

Lawrence A. Hamermesh

No abstract provided.