Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…

U.S. Solicitor General Kenneth W. Starr has asked the Supreme Court to abandon the Establishment Clause it formulated in "Lemon v. Kurtzman" (1971) for cases involving governmental accommodation of religion in civic life. Starr's "amicus curiae" in "Lee v. Weisman" questions the clause's persistent tendency to…

Reviews contemporary court cases to show that free exercise claims are religious and therefore unenforceable under the Establishment Clause's "Lemon" test prohibiting religious activities in public schools. Discuses inadequacies in judicial perception involving compelling interest, a pattern of anti-theistic decisions, and lesser…

Since the Supreme Court's 1992 "Lee v. Weisman" decision, holding that the First Amendment's establishment clause precluded school-sponsored graduation prayers, school officials have struggled to avoid lawsuits while satisfying community preferences. Efforts to circumvent this decision have resulted in "noncoercive"…

Student prayer at school events, such as football games and graduation ceremonies, has spawned several contradictory circuit court decisions. A 2000 Supreme Court ruling against pregame prayer ("Santa Fe Independent School District v. Doe") reversed an 11th Circuit Court decision, with far-reaching effects on all student-initiated and…

Since public schools serve children of diverse religious backgrounds, an upstate New York district tried to construct a policy where all students felt comfortable. Proponents had an uphill struggle, since many constituents found nonreligious Christmas assemblies and displays acceptable. This article highlights Williamsville's Free Exercise and…

Although major cases involving religion in public schools were decided decades ago, disputes still arise over interpreting the First Amendment's establishment clause. Formally inviting clergy to pray at high school graduation ceremonies is clearly not permissible, but the law is unsettled regarding student-initiated and student-led nonsectarian…

Sketches the political context from which "Ex Corde Ecclesiae," the Papal constitution on higher education, emerged. Its most controversial provisions and the reaction in American Catholic academia are examined, norms currently under discussion are outlined, and a resolution of the issues dividing academics and the Catholic hierarchy is…

Briefly outlines the history of using public funds for private education and examines the development of related judicial doctrine, using several illustrative cases. In recent years, the U.S. Supreme Court's concern about "excessive entanglement" has weakened, sparking a heated, unresolved debate about the original intent of the…

The U.S. Supreme Court through its interpretation of the First Amendment Establishment Clause may ultimately determine whether state-funded voucher proposals are widely adopted. This paper overviews changes in Establishment-Clause doctrine, reviews relevant litigation, and explores potential implications of recent legal developments. (Contains 80…

Two cases illustrate that whenever the schools or courts abandon the Establishment Clause and embrace "child benefit theory," religious schoolchildren are the only winners. Application of "child benefit theory" has engendered religious strife, increased public funds for religious schools, increased sectarian control of public…

Discussion of the Rosenberger vs. Rector case, involving the ability of public universities to decide whether or not to fund religious speech, evaluates contemporary jurisprudence concerning the establishment and free speech clauses and applies theories in these areas to funding of student religious speech on college campuses. It also outlines…