School Related Establishment Clauses since 1983 Flashcards
Mueller v Allen (1983)
Was to help private schools with vouchers
5-4 vote
1st piller of Zelman
Used the Lemon Test
Wallace v Jaffree (1985)
moment of silence before class
Held to be unconstitutional because
prayer was allowed during this time
p. 159
Grand Rapids v Ball (1985)
Money going to private schools for 2 things
- Shared time 6-3 No
- Community classes in evening
8-1 against
Aguilar v. Felton (1985)
Public school teachers not allowed to
enter private schools to teach reading.
Witters v Washington Dept. of Services for the Blind
(1986)
Witters study theology with state grants
SC said ok
Witters was blind
p. 171
Edwards v. Aguillard (1987)
struck down
their opinion being
creation-science is a religious doctrine
Bd of Ed v Mergens
Bd of Ed v Mergens
Equal access
-school property
available to all groups
equally
outside the curriculum
Lee v Weisman (1992)
Prayer at graduation
psycological coersion
5-4 struck down
lemon test begining to lose favor(flavor)
Zobrest v Catalina (1993)
3rd Pillar of Zelman
Government payed
Sign language interpreter
at private school
5-4 ok
True Private Choice
- Neutral toward religion
- Assitance directly to broad class
- Citizens direct aid independantly private choice
Lemon Test
- Secular Purpose
- Primary Effect
(Religiously Neutral, doesnt advance nor inhibit)
Using federal funds to provide parochial and public schools with equipment such as schools computers, projectors, and library books. Equipment distributed on a per capita basis school.
Constitutional
Use of state funds to provide public school teachers to teach remedial classes at parochial school
Constitutional
State reimbursement for bus transportation costs for parochial school students to and from schools
Constitutional
Providing a sign language interpreter at public expense for a parochial school student
Constitutional
State setting up a special district to provide special education to children of one religion.
Unconstitutional
Having a prayer as part of the program at a public school graduation.
Unconstitutional
Reading a prayer adopted by the school district to begin each day
Unconstitutional
Requiring public schools to allow equal access
to unofficial student religious
groups if the school has allowed other
non-curriculum
related groups to use the campus.
Constitutional
Student led prayer at a public school football game
Unconstitutional
Use of student fees to support the publication of a religious newsletter where student fees at the public university are allowed for other private student activities and newsletters
Constitutional
Denial of the use of school facilities by a church for religious services not related to students on the weekend. The school allows other community groups to use school facilities
Uncostitutional
Denying a church group from using a classroom for an after school religious meeting run for students by a local church.
Constitutional
Providing tax supported vouchers to parents of parochial school students the pays most of the tuition in an effort to improve learning.
Constitutional
