"We are in a war," Health and Human Services Secretary Kathleen Sebelius declared to cheers at a 2011 National Abortion and Reproductive Rights Action League (NARAL) Pro-Choice America fund-raiser. Secretary Sebelius was referring in part to the uproar caused by the "HHS Mandate," her agency's rule that employer-provided…

This article traces the Devils Tower litigation in the context of the "Bear Lodge" alliance's theoretical underpinnings, particularly the interrelationship among culture, geographic place, and religion, as well as the institutional mechanisms that regulate litigation alliances in the U.S. judicial system. It discusses principal factors…

Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…

In "Crockett v. Sorenson" a voluntary public school Bible class was found unconstitutional because of sectarian control of the program, and guidelines for a constitutional Bible course were suggested. "May v. Cooperman" ruled against the constitutionality of the moment of silence, a question not yet addressed by the Supreme…

In 1982 in "Lubbock Civil Liberties Union v. Lubbock Independent School District," the Fifth Circuit Court ruled unconstitutional a school policy allowing meetings after school hours for moral, religious, or ethical purposes. Federal courts have struck down other similar policies. (Author/JM)

Argues that the Supreme Court has two definitions of religion and that secularism qualifies under one of them, that public schools foster secularism, and that separation of church and state should be replaced by court approval of "religious balance." Available from J. Reuben Clark Law School, Provo, UT 84602. (Author/IRT)

Recounts actions of the Internal Revenue Service and the federal government from 1965 to 1982 involving tax exempt status and racially discriminatory schools. Traces federal court decisions on the issue since 1970, including "Green v. Connally" and current Supreme Court cases involving Bob Jones University (South Carolina) and Goldsboro…

This paper analyzes "Equal Employment Opportunities Commission (EEOC) vs. University of Detroit," the first federal circuit court case concerning a college faculty member refusing to pay union dues because of religious beliefs conflicting with purposes for which dues are used. Suggestions for union and institutional response in such…

Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. Subsequently, after Chief Justice William H. Rehnquist's death on September 3, 2005, President Bush nominated Roberts for the chief justice…

Describes two federal court cases concerning objections to public school textbooks. In "Smith v. Board of School Commissioners of Mobile County," parents attempted to eliminate objectionable content from textbooks through the Establishment Clause. In "Mozert v. Hawkins County Public Schools," parents wanted to remove children…

Traces the history of legal rulings leading up to the Edwards vs. Aguillard decision by the Supreme Court that it is unconstitutional to mandate "balanced treatment" and "equal time" for teaching creationism along with evolution in school science classes. Contains 17 references. (WRM)

This review of the Supreme Court's 1991-92 term is divided into seven sections by subject matter: (1) desegregation; (2) religion and freedom of speech; (3) school liability and immunity; (4) employment and labor; (5) elections and voting rights; (6) school finance; and (7) special education. A list of cases and statutes discussed is included at…

Reviews court cases in which parents challenged school practices on religious grounds. Puts particular emphasis on recent attempts to make the curriculum conform to religious views. (Author/JM)

Contends that all of the U.S. Supreme Court Justices in 1947 agreed that the Establishment Clause of the First Amendment erected a wall of separation between church and state. Reviews Establishment Clause history, includes summaries of court opinions, and concludes that a more thorough curriculum about the wall of separation is needed. (CFR)

Presents a secondary school lesson to study the Supreme Court's interpretations of the Establishment Clause, explore why some Justices want to reconsider the separation of church and state, and make decisions about the constitutionality of school prayer. Includes seven student handouts and step-by-step instructional procedures. (CFR)