Court Decisions on the Separation of Church & State and Liberty
Understanding religious liberty and religious freedom in America requires understanding the varying and often contradictory court decisions which have been made in this area. Here you will find an index of summaries and expalantions of major Supreme Court decisions dealing with religion and religious freedom.
Van Orden v. Perry (Supreme Court, 2005): Ten Commandments Monument in Texas
Court houses and public parks all around the nation have had Ten Commandments monuments of one sort or another erected in them. Many Ten Commandments monuments were erected by the Fraternal Order of Eagles in the 1950s and 60s. One six foot tall monument was placed on the Texas state Capitol grounds in 1961. According to the legislative resolution accepting the gift, the purpose of the monument was to 'recognize and commend a private organization for its efforts to reduce juvenile delinquency.'
Court houses and public parks all around the nation have had Ten Commandments monuments of one sort or another erected in them. Many Ten Commandments monuments were erected by the Fraternal Order of Eagles in the 1950s and 60s. One six foot tall monument was placed on the Texas state Capitol grounds in 1961. According to the legislative resolution accepting the gift, the purpose of the monument was to 'recognize and commend a private organization for its efforts to reduce juvenile delinquency.'
ACLU v. McCreary County (Supreme Court, 2005): Ten Commandments Displays
Many Ten Commandments monuments in America are decades old, but various local governments put up new displays as well. McCreary County, Kentucky, put up a Ten Commandments display in the county court house. After it was challenged, the county added several more documents referencing religion and God. In 2000, this display was declared unconstitutional. The court noted that the County selected only documents or portions of documents expressing favoritism towards certain religious ideas...
Many Ten Commandments monuments in America are decades old, but various local governments put up new displays as well. McCreary County, Kentucky, put up a Ten Commandments display in the county court house. After it was challenged, the county added several more documents referencing religion and God. In 2000, this display was declared unconstitutional. The court noted that the County selected only documents or portions of documents expressing favoritism towards certain religious ideas...
Stone v. Graham (Supreme Court, 1980): Posting the Ten Commandments in Schools
Are the Ten Commandments secular enough to warrant posting in all public school classes, or are they so religious that such postings would amount to a government endorsement of religion aimed at impressionable children? Does the fact that the government says their purpose is secular suffice to regard the actions as actually secular?
Are the Ten Commandments secular enough to warrant posting in all public school classes, or are they so religious that such postings would amount to a government endorsement of religion aimed at impressionable children? Does the fact that the government says their purpose is secular suffice to regard the actions as actually secular?
DiLotero v. Downey Unified School District (9th Circuit Court, 1999): Ten Commandments in Schools
Can a school refuse to publish or post a paid religious message if it allows other paid messages and advertisements? Can the school refuse to publish or post any paid messages at all in order to avoid having to include religious messages?
Can a school refuse to publish or post a paid religious message if it allows other paid messages and advertisements? Can the school refuse to publish or post any paid messages at all in order to avoid having to include religious messages?
Books v. Elkhart (7th Circuit Court, 2000): Ten Commandments Monument
Are the Ten Commandments a secular or a religious document? Just how far can a government go in displaying the Ten Commandments? Can large, expensive monuments to the Ten Commandments be erected on public property by arguing that they played a role in the development of secular laws and, hence, that the monument itself is secular?
Are the Ten Commandments a secular or a religious document? Just how far can a government go in displaying the Ten Commandments? Can large, expensive monuments to the Ten Commandments be erected on public property by arguing that they played a role in the development of secular laws and, hence, that the monument itself is secular?
O’Bannon v. Indiana Civil Liberties Union (7th Circuit Court, 2001): Ten Commandments Monument
Is a massive monument displaying the Ten Commandments constitutional and secular when it includes other legal documents from history - like the Bill of Rights? To what extent does the religious nature and significance of the Ten Commandments override the secular aspects of other near-by displays?
Is a massive monument displaying the Ten Commandments constitutional and secular when it includes other legal documents from history - like the Bill of Rights? To what extent does the religious nature and significance of the Ten Commandments override the secular aspects of other near-by displays?
Glassroth v. Moore (2002): Judge Roy Moore & His Ten Commandments Monument
Can a government official erect a massive monument to the Ten Commandments in a government building by asserting that they have a secular rather than a religious purpose? What if that official has a long history of supporting displays of the Ten Commandments for religious reasons?
Can a government official erect a massive monument to the Ten Commandments in a government building by asserting that they have a secular rather than a religious purpose? What if that official has a long history of supporting displays of the Ten Commandments for religious reasons?
Supreme Court Decision: Wisconsin v. Yoder (1972) - Background
Summary and analysis of Wisconsin v. Yoder: Should all children be required to attend public schools, even if the parents have religious objections to what is being taught or schooling in general beyond a certain point? Amish and Mennonite Christians, for example, don’t believe in formal schooling after a certain age - and the Supreme Court ruled that their objections were valid.
Summary and analysis of Wisconsin v. Yoder: Should all children be required to attend public schools, even if the parents have religious objections to what is being taught or schooling in general beyond a certain point? Amish and Mennonite Christians, for example, don’t believe in formal schooling after a certain age - and the Supreme Court ruled that their objections were valid.
Engel v. Vitale (1962) - Prayers in Public Schools
Engel vs. Vitale: What authority, if any, does the government have when it comes religious rituals like prayers? Can a government write specific prayers for public school students to recite every day? That used to be the case in many places in America, but that was challenged and ultimately struck down by the Supreme Court.
Engel vs. Vitale: What authority, if any, does the government have when it comes religious rituals like prayers? Can a government write specific prayers for public school students to recite every day? That used to be the case in many places in America, but that was challenged and ultimately struck down by the Supreme Court.
Court Decisions - Newdow v. U.S. Congress (2002): Pledge of Allegiance, Under God
Newdow v. U.S. Congress: The Pledge of Allegiance has been recited by tens of millions of school children over the years and is familiar to most Americans - but was the 1950s addition of the phrase "under God" an unconstitutional violation of the separation of church and state?
Newdow v. U.S. Congress: The Pledge of Allegiance has been recited by tens of millions of school children over the years and is familiar to most Americans - but was the 1950s addition of the phrase "under God" an unconstitutional violation of the separation of church and state?
Supreme Court Decisions - Lemon v. Kurtzman (1971): Public Funding of Religious Schools
Lemon v. Kurtzman: There are a lot of people in America who would like to see the government provide funding to private, religious schools. Critics argue that this would violate the separation of church and state and sometimes the courts agree with this position.
Lemon v. Kurtzman: There are a lot of people in America who would like to see the government provide funding to private, religious schools. Critics argue that this would violate the separation of church and state and sometimes the courts agree with this position.
Index of Court Decisions
Understanding religious liberty and religious freedom in America requires understanding the varying and often contradictory court decisions which have been made in this area. So, this site will begin presenting summaries and expalantions of major Supreme Court decisions dealing with religion and religious freedom.
Understanding religious liberty and religious freedom in America requires understanding the varying and often contradictory court decisions which have been made in this area. So, this site will begin presenting summaries and expalantions of major Supreme Court decisions dealing with religion and religious freedom.
Lee v. Weisman (1991)
Lee v. Weisman: How far can a school go when it comes to accommodating the religious beliefs of students and parents? Many schools have traditionally had someone offer prayers at important school events like graduations, but critics argue that such prayers violate the separation of church and state because they mean that the government is endorsing particular religious beliefs.
Lee v. Weisman: How far can a school go when it comes to accommodating the religious beliefs of students and parents? Many schools have traditionally had someone offer prayers at important school events like graduations, but critics argue that such prayers violate the separation of church and state because they mean that the government is endorsing particular religious beliefs.