"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…

Discussed the influence that Supreme Court decisions had on various religions and proposed what could be done to change those decisions. (RK)

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)

Three major Supreme Court cases concerning Bible reading and prayer in the public schools are discussed. The constitutional bases for the court cases are the First and Fourteenth Amendments. The former expresses that Congress may make no laws to establish or to prohibit the free exercise of religion and the latter provides that no state shall…

The purpose of this article is to 1) examine the interpretive method applied to the United States Constitution referred of as"Original Intent" and the degree, if any, to which it is superior in objectivity than other methods, 2) discuss whether the application of the interpretive method would have an effect preferred by conservative or…

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…

When Congress adopted the First Amendment to the U.S. Constitution in 1789, it left open many questions that would arise concerning church-state relations. It became clear early in the history of the country that the Supreme Court would have a great impact on how the First Amendment would be upheld and interpreted. This book examines how Congress…

To assist public school administrators in identifying constitutionally permissible religious observances of national religious holidays, this paper analyzes a federal appellate court case, Florey v. Sioux Falls School District, in which it was found that public schools would not violate the First Amendment by observing religious holidays if the…

This book is the third in a biennial series of school law monographs that was initiated in 1975 by Educational Research Service. These monographs present reviews of 100 recent state and federal court decisions, rendered since 1977, that have particular significance for those who determine educational policy and administer the public schools.…