Sentences with phrase «establishment clause challenge»

Establishment Clause challenge.

Representation of the Boy Scouts of America in a taxpayer Establishment Clause challenge to the National Jamboree: Winkler v. Gates, 481 F. 3d 977 (7th Cir.

The required inquiry into «entanglement» has been modified and questioned, and in one case we have upheld state action against an Establishment Clause challenge without applying the Lemon test at all.

Not exact matches

«It is well established that evidence of purpose beyond the face of the challenged law may be considered in evaluating Establishment and Equal Protection Clause claims,» the judges wrote on Thursday.

To be more pointed, a psychotherapeutic reading of Shakespeare would be hard to challenge in court, but presenting Shakespeare's view of human nature in terms of biblical realism would almost certainly be considered a violation of the establishment clause.

In due course, a lawsuit challenging the constitutionality of the AFLA was brought on the ground that the inclusion of religious organizations among the participants violated the Establishment Clause.

There has always been some tension between the Establishment Clause and the Free Exercise protections of the First Amendment, but the Supreme Court, when considering a similar challenge to the Religious Land Use and Institutionalized Persons Act in 2005 — wherein the Sixth Circuit Court of Appeals had ruled that granting protections to religious prisoners amounted to a violation of the Establishment Clause — ruled that alleviating a state - imposed substantial burden on religious practice did not violate the Establishment Clause.

A group of state taxpayers has challenged the programs, enacted by the state legislature in 1984 and 1985, as violating the clauses in the New York State and United States constitutions that bar government establishment of religion.

We will abandon the Establishment Clause, and continue to challenge voucher and choice programs under state constitutions on whatever grounds are available to us from lofty principles such as church / state separation, to Mickey Mouse procedural issues like the single - subject rule.»

This Court has announced a three - part test for determining whether a challenged state statute is permissible under the Establishment Clause of the United States Constitution: