The judge held that the voucher program's inclusion of religious schools was likely an unconstitutional
establishment of religion under the First Amendment.
Not exact matches
Actually this country prohibits the making
of any law respecting an
establishment of religion or impeding the free exercise
of religion, meaning that this country is not a country
under god.
Under the
establishment clause every person is also entitled to government that does not sponsor, support or inculcate one
religion,
religion in general or all
religions collectively; that does not prefer one
religion over another; that does not build up the real estate or the personnel
of a religious institution or set up religious proprietaries not required to supply state - impaired religious access; and that does not compose, initiate or promulgate official prayers, rites or liturgies, or otherwise «play church.»
If I
under stand correctly, Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof.
Judge Graham expresses in his decision thoughts that by now should be quite familiar to our readers: «The Justices
of the Supreme Court disagree among themselves on the proper role
of religion in public life and the extent
of the Court's authority to decide these issues
under the
Establishment Clause.
Under the test, first proposed by Supreme Court Justice Sandra O'Connor in a 1984 case from Pawtucket, Rhode Island, a display violates the
Establishment Clause if it amounts to an official endorsement
of religion, that is, if it suggests that the government approves a particular religious message (or disapproves such a message, though that issue does not regularly arise).
This rejectionism had, over time, crystallized — some would say, fossilized — into the view that the legal
establishment of the Catholic Church as the official
religion of the state was the desired arrangement (the «thesis,» in the theological jargon
of the day), while other arrangements (like the American constitutional order) were mere «hypotheses» that could,
under certain historical circumstances, be «tolerated» — even as Catholics in countries governed by the «hypothesis» worked for the day when the «thesis»
of Catholic
establishment could be....
The U.S. Court
of Appeals for the 9th Circuit, in San Francisco, voted 15 - 9 against formal reconsideration
of the 2 - 1 ruling last June by a panel
of the court that the inclusion
of the words «
under God» in the pledge was an unconstitutional government
establishment of religion.
A church has no special status in the US whereby one can be granted immunity from arrest, and there could not be
under the First Amendment, in that it would amount to an
establishment of religion (granting a special privilege to a church).