Public Religion

Question 1

Van Orden v. Perry

Answer 1

Orden sued over a ten commandments monument on state capital.

Question: Is this a violation of establishment clause of 1st amendment?

Court: No. Court found that ten commandments has historical meaning. “simply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the establishment clause.”

Question 2

Town of Greece v. Galloway

Answer 2

Town invited clergy to say a prayer at monthly meetings. They did not discriminate about denominations that were invited. However the majority had been Christian.

Question: Does prayer given in legislature violate establishment clause even in absence of direct discrimination?

Court: No. basically it doesn’t amount to coercion.

Question 3

Lynch v. Donnelly

Answer 3

The city of Pawtucket Christmas display in the shopping district. The display included such objects as a Santa Claus house, a Christmas tree, a banner reading “Seasons Greetings,” and a nativity scene. Donnelly objected to the display.

Question: Did inclusion of nativity scene violate establishment clause?

Court: No. Court found it was representative of the holiday season and not any particular religion.

Question 4

County of Allegheny v. ACLU

Answer 4

Two public sponsored holiday displays were challenged by the ACLU. Nativity scene in staircase of courthouse. Second was christmas tree and menorah outside city county building.

Question: Do the public displays violate establishment clause?

Court: Nativity scene in courthouse clearly endorsed christianity and is in violation of establishment clause. Six of the justices concluded that the display involving the menorah was constitutionally legitimate given its “particular physical setting.”

Question 5

McCreary County v. ACLU

Answer 5

ACLU sued for displaying of framed ten commandments in public courthouses.

Question: Do these displays violate establishment clause?

Court: Yes. Violation of establishment clause because their purpose was to “advance religion”.

Question 6

American Atheists v. Duncan

Answer 6

Utah highway patrol placement of crosses on state property and displaying highway patrol emblem.

Question: Violation of establishment clause?

Court: Yes. On public land and outside of police stations in one instance.