Sentences with phrase «federal establishment clause»

But as with the Blaine amendments, as I said, these can be construed — they don't have to be, and frequently have not been, but they can be construed — in just the same way that the opponents of parental choice programs wanted the federal Establishment Clause construed, and would like the Blaine amendments construed, namely, to apply to assistance to families that use that assistance to attend a religious school, in a free and independent choice.

But you can see that in many cases outside the school voucher context, these state constitutional restrictions may become pivotal as the federal Establishment Clause is interpreted in a more relaxed fashion.

But those who follow the issue, and I know that that's most of you in this room, knew that that decision, while it closed one battleground — and that was a battleground over the federal Establishment Clause in the United States Constitution — it also threw the spotlight on a remaining battleground, and that is the battleground over state constitutional restrictions on government aid for religious institutions.

The inclusion in Vermont of religious schools was struck down in 1999, in the Chittenden case, by the Vermont Supreme Court, which had earlier ruled that the inclusion of religious schools would not violate the federal Establishment Clause.

The appeals court first agreed with the trial court that the voucher programs did not run violate the Religion Clause, citing two Arizona Supreme Court cases, Community Council v. Jordan, 432 P. 2d 460 (Ariz. 1967), andKotterman v. Killian, 972 P. 2d 606 (1999), that suggested that Arizona's Religion Clause was «virtually indistinguishable from the United States Supreme Court's interpretation of the federal Establishment Clause.»

Illinois courts interpret the state Blaine Amendment consistently with federal Establishment Clause case law.

The program is constitutional under both Illinois» Blaine Amendment and the federal Establishment Clause.

The 5th U.S. Circuit Court of Appeals examined only federal Establishment Clause precedent and held that Louisiana's special education program did not offend the Establishment Clause because (1) the statute's purpose of improving educational opportunity for disabled students was secular, and (2) the statute did not have the effect of advancing religion because it provides no incentive for parents to select religious institutions.

Not exact matches

He said federal law, under the Establishment Clause, is clear that public schools can not «approve in advance a student's prayer» or «carve out time specifically for religious expression.»

The «establishment of religion» clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church.

The legal problem is not the federal Constitution; under current doctrine the Establishment clause of the First Amendment is irrelevant.

Like others who support the original understanding of the Constitution, I disagree with many of the Supreme Court's decisions under the establishment clause, but in our system of government a federal - district judge like Judge Jones is bound by those decisions.

«A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of this clause or any State law permitted under section 403A (a)(4).»

The longest - running of the cases, filed in federal court in 2000, alleged that Arizona's individual tax - credit program violates the establishment clause of the U.S. Constitution by permitting organizations to provide scholarships to students that can be used only at religious schools.

A Williamsport, Pa., student group was joined by the Reagan Administration in urging the Court to review a federal appeals court's July 1984 ruling that such meetings are prohibited by the establishment clause of the First Amendment.

On the day before school was to open that year, federal district court judge Solomon Oliver struck down the program, ruling that the use of tax dollars to pay for children to attend religious schools offends the First Amendment's Establishment Clause.

The specific exclusion of religious schools from state voucher programs, as in Vermont, raises federal questions beyond the Establishment Clause.

After the Arizona Supreme Court rejected a similar Establishment Clause claim on the merits, respondents sought intervention from the Federal Judiciary.

A federal district court in Iowa held that a state tax deduction for school expenses, including private school tuition, does not violate the Establishment Clause because it is available to parents regardless of whether their child attends a public, private or religious school, neither advances nor inhibits religion, and does not entangle the state with religion.

Federal district in South Carolina has ruled that a school district's award of academic credit for of - campus religious instriction does not violate the First Amendment's Establishment Clause.

They therefore violate the Establishment Clause of the federal constitution.»

Chuang said the travel ban likely violates the establishment clause as well as federal law.

Many conservatives in the United States are strong supporters of the free exercise clause, but think that the establishment clause should only apply to the federal government (so the state and local governments can establish a religion).