In "Zobrest," the Supreme Court ruled in favor of public financing of a sign language interpreter for a profoundly deaf student at a sectarian school. Briefly describes the three sets of legitimate and competing claims. (75 footnotes) (MLF)

In "Lee," the Supreme Court held that prayer directed by a school official at graduation ceremonies was unconstitutional. Examines "Lee" and two subsequent decisions by the Fifth Circuit Court of Appeals: "Jones v. Clear Creek ISD" allowed prayer initiated by students; "Doe v. Duncanville ISD" prohibited a…

Discusses Louisiana case wherein a federal district court judge ruled that an elementary principal violated the Establishment Clause by distributing Bibles to students. Includes Supreme Court's three-part "Lemon" test to determine if government practice violates the Establishment Clause. (PKP)

Decisions of the federal courts on such issues as school desegregation and school prayer generally reflect a national consensus. But in this conservative era, legislative efforts to limit the tradition of judicial activism, as begun by the Warren court, threaten the principles of constitutional protections and the federal system of checks and…

Discusses the background and issues involved in the Tilton v. Finch case in Connecticut's U.S. District Court. (MK)

In "Zobrest" and "Kiryas Joel" the Supreme Court considered the relationship between public and private school systems, and between church and state. Examines the situations of the cases and the opinions of the Supreme Court Justices in relation to them, and in relation to the 15 most recent Establishment Clause cases affecting…

The United States Supreme Court ruling in "Mergens" gives school districts the following options: (1) require all student groups to have a direct relationship to curriculum; (2) have a "limited public forum," therefore, allowing noncurriculum-related groups to use school facilities; or (3) choose to ignore the law and forego…

Traces the legal history of prayer clubs and related religious activities in schools. Cites psychological arguments that high school students are generally independent and capable of critical thinking; contends that research is needed in determining whether high school students can specifically perceive religious neutrality. (MLF)

Considers the legal implications of "Lee," a closely divided Supreme Court decision that ended the practice of graduation prayers. Summarizes the majority opinions of Justices Kennedy, Blackmun, and Souter and the dissenting opinion of Justice Scalia. Analyzes the potential impact of "Lee" on future cases involving religion and…

The United States Supreme Court, in the case of "Lee v. Weisman," held that inviting clergy to deliver prayer during an official public-school graduation ceremony violates the Establishment Clause of the Constitution. Discusses the "Lee" decision and addresses some of its possible implications for school law. (80 references)…

Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First…

This chapter summarizes a number of cases in which the Supreme Court has dealt with the separation of church and state question presented by the First Amendment. These include an Arkansas statute that excluded Darwinian theory from the high school science curriculum. The Court declared the statute unconstitutional because the exclusion was…

Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings,…

Rather than allowing the unconstitutional Bible study program to remain in the schools in a modified form, the Court should have opted for a released-time arrangement. Available from Tennessee Law Review Association, Inc., 1505 W. Cumberland Ave., Knoxville, TN 37916. (Author/IRT)

The United States Supreme Court has refused to articulate a hierarchy among the guarantees of speech, press, assembly, and petition. The Court also has avoided specifying whether expression rights or safeguards against religious establishment are dominant. Addresses litigation indicating that free speech protections prevail when they collide with…