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Tag Archives: Establishment Clause

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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Civil Practice – Subject Matter Jurisdiction – Constitutional – First Amendment – Establishment Clause – Church Governance – Status Quo (access required)

McCain v. Brightharp In a congregational church, trustees and deacons attempted to force their pastor’s resignation, and the trustees and deacons allege they were removed from their positions without compliance with the church’s by-laws. The trial court had subject matter jurisdiction to restore the status quo in order to enable the church to act in accordance with its by-laws.

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Schools & School Boards – Constitutional – Freedom of Religion – Establishment Clause – Academic Credit – Off-Campus Religious Instruction (access required)

Moss v. Spartanburg County School Dist. Seven (Lawyers Weekly No. 001-148-12, 21 pp.) (Niemeyer, J.) No. 11-1448, June 28, 2012; USDC at Spartanburg, Va. (Herlong, J.) 4th Cir. Holding: A high-school student and her parents lose their First Amendment Establishment ...

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Civil Rights – Constitutional – Establishment Clause – County Commissioners – Neutral Policy – Sectarian Prayers (access required)

Joyner v. Forsyth County, N.C. When a religious leader’s invocation at a county board of commissioners’ meeting referred to Jesus Christ and other tenets of the Christian faith, that prayer typified the board’s allowance of sectarian opening prayers at its meetings, and the 4th Circuit affirms a district court decision that the board’s legislative prayer policy violates the Establishment Clause.

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