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Constitutional — Religious Freedom – Schools & School Boards – Graduation Prayers (access required)

American Humanist Association v. South Carolina Department of Education (Lawyers Weekly No. 002-099-15, 21 pp.) (Bruce Howe Hendricks, J.) 6:13-cv-02471; D.S.C. Holding: As the defendant-school district concedes, its previous practice for graduation prayers was unconstitutional. However, defendant’s new position neither ...

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Constitutional — First Amendment – Establishment Clause – Schools & School Boards – Graduation Ceremonies – Standing (access required)

American Humanist Association v. South Carolina Department of Education (Lawyers Weekly No. 002-093-15, 6 pp.) (Bruce Howe Hendricks, J.) 6:13-cv-02471; D.S.C. Holding: Although some of defendant’s schools use a Christian chapel for graduation ceremonies, the plaintiff-parents have moved out of ...

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Constitutional — Due Process – Liberty Interest – Stigma – Labor & Employment – Public Employees – Termination – Incompetence (access required)

Greene v. Scott (Lawyers Weekly No. 002-089-15, 10 pp.) (Joseph Anderson Jr., J.) 3:13-cv-00567; D.S.C. Holding: In her deposition, plaintiff testified that defendants implied that she was incompetent as a police officer; however, statements of mere incompetence are insufficient to ...

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Constitutional — Due Process & Equal Protection – Eleventh Amendment Immunity – Civil Practice – Judgment on the Pleadings – Standing (access required)

Bradacs v. Haley (Lawyers Weekly No. 002-229-14, 21 pp.) (J. Michelle Childs, J.) 3:13-cv-02351; D.S.C. Holding: Where the governor has only general enforcement authority under the South Carolina Constitution, she has Eleventh Amendment immunity against plaintiffs’ claims that South Carolina’s ...

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Constitutional — Fourteenth Amendment – Same-Sex Marriage – Civil Practice – Standing – Stay (access required)

Condon v. Haley (Lawyers Weekly No. 002-223-14, 26 pp.) (Richard Gergel, J.) 2:14-cv-04010; D.S.C. Holding: There is no meaningful distinction between South Carolina’s constitutional and statutory ban on same-sex marriage and those of Virginia declared unconstitutional in Bostic v. Schaefer, ...

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