Sentences with phrase «establishment clause jurisprudence»

The Court's summary rejection of a secular purpose articulated by the legislature and confirmed by the state court is without precedent in Establishment Clause jurisprudence.

Like some ghoul in a late night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemon stalks our Establishment Clause jurisprudence once again, frightening the little children and school attorneys of Center Moriches Union Free School District.

After a change in U.S. Supreme Court Establishment Clause jurisprudence, the Alabama Supreme Court held that tuition grants to students attending private schools are constitutional under the First Amendment of U.S. Constitution and Alabama's Blaine Amendment (Article XIV, Section 263) because the aid goes to the student, not the school.

«Black used his opinion in Everson to secure the phrase «separation of church and state» in Establishment Clause jurisprudence and this prejudiced phrase has remained there ever since.»

The State can not finance secular instruction if it permits religion to be taught in the same classroom; but if it exacts a promise that religion not be so taught — a promise the school and its teachers are quite willing and on this record able to give — and enforces it, it is then entangled in the «no entanglement» aspect of the Court's Establishment Clause jurisprudence [Lemon v. Kurtzman, 403 U.S. 666, 668].

But even these two «moderates» made major steps toward a sensible Establishment Clause jurisprudence, stripped of the old hostility to religion (and especially to Catholic institutions).

Americans usually translate it as «secularism» and think of it as a particularly strict version of our own Establishment Clause jurisprudence, but it's not that simple.