Religious affiliations, religious cases

A common myth advanced by some on the radical religious right is that
atheists are the ones who file church state cases in court, especially
church state separation cases, to a lessor degree some claim free exercise
cases as well.

The facts do not bear this out.
Here is some information gathered so far.
THE BULK OF THE FOLLOWING INFO CAME FROM
VARIOUS SECTIONS OF
http://atheism.about.com/

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BACKGROUND:

There had been earlier efforts to challenge the practice of unison prayer
recitation in the public schools and other abuses of state-church
separation. In DOREMUS v. BOARD OF EDUCATION (1952), members of the United
Secularists of America contested school prayer but their petition was
rejected by the Supreme Court.

Ironically, three federal cases in 1940, 1941 and 1943 brought by
members of the Jehovah's Witnesses sect held to create judicial guidelines
for the separation of government and religion; and these decisions would
have ramifications two decades later as suits like MURRAY v. CURLETT,
ABINGTON TOWNSHIP v. SCHEMPP, and ENGEL v. VITALE wound through the courts.
************************************************** *********
COURT CASES BROUGHT BY ATHEISTS, FREETHINKERS, ETC.

McCollum v. Board of Education (1948)
By a 6-1 vote the Supreme Court agreed with Mrs. McCollum, an atheist
mother, and disallowed the practice of having religious education to take
place in public school classrooms during the school day.

Torcaso v. Watkins (1961)
In a unanimous decision, the Court found that Maryland's religious test
for public office violated Torcaso's right to religious freedom.

Murray v. Curlett (1963)
The Court ruled 8-1 against requiring the recitation of Bible verses
and the Lord's Prayer.

Florey v. Sioux Falls School District (1980)
Roger Florey, an atheist, filed suit against a local school district's
holiday programs, claiming that singing of religious carols during
Christmas concerts, like "Silent Night" and "O Come All Ye Faithful," were
a violation of the separation of church and state.

Ganulin v. United States (1999)
Is it constitutional for the United States government to recognize
Christmas as an official paid holiday? Richard Ganulin, an atheist lawyer,
argued that it isn't and filed suit, but a U.S. District Court ruled
against him.

ESA v. Rylander (2001)
A Texas district court ruled that a nontheistic Ethical Culture Society
deserved a religious tax exemption. The Court rejected State arguments that
religion must be defined by a belief in a "Supreme Being."

FFRF v. Faith Works (2002)
A federal district court decides that the state government cannot give
direct, unrestricted funding to a "faith based" drug counseling program
which also includes a heavy dose of religious indoctrination.

Newdow v. U.S. Congress (2002)
The Ninth Circuit Court of Appeals rules that the addition of the words
"under God" to the Pledge of Allgiance back in 1954 was unconstitutional.

FFRF v. Rhea County Board of Education (2002)
A federal district court decides that a public school cannot have
students from the local Bryan College come in to teach Bible classes.
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SOME CASES BROUGHT BY NON ATHEISTS:

Jehovah's Witness & Religious Liberty

Cantwell v. Connecticut (1940)
The Court ruled that the statute requiring a license to solicit for
religious purposes was a prior restraint that vested the state with
excessive power in determining which groups must obtain a license.

Minersville School District v. Gobitis (1940)
In an 8-1 Court Decision, the Court ruled that a school district's
interest in creating national unity was sufficient to allow them to require
students to salute the flag.

Cox v. New Hampshire (1941)
The Court unanimously upheld the convictions of Jehovah's Witnesses for
engaging in a public parade without a license.

Jones v. Opelika I (1942)
The Court upheld a statute prohibiting the selling of literature
without a license because it only covered individuals engaged in an
commercial activity rather than a religious ritual.

Jones v. Opelika II (1943)
The Court ruled the practice of charging a flat fee for people
distributing literature was unconstitutional. The freedom of press was not
to be restricted only to those who can afford to pay the licensing fee.

Douglas v. City of Jeannette (1943)
The Supreme Court refused to prevent the City of Jeannette,
Pennsylvania, from threatening prosecution of Jehovah's Witnesses who were
violating a law requiring the licensing of people selling books even while
that law was being challenged before the Supreme Court.

Murdock v. Pennsylvania (1943)
The Court found that the Jeanette ordinance requiring solicitors to
purchase a license from the borough was an unconstitutional tax on the
Jehovah's Witnesses' right to freely exercise their religion.

West Virginia State Board of Education v. Barnette (1943)
The Court ruled 8-1 that a school district violated the rights of
students by forcing them to salute the American flag.

Follett v. Town of McCormick (1944)
Should people who earn their living by selling or distributing
religious materials be required to pay the same licensing fees and taxes as
are expected of those who sell or distribute non-religious materials? The
Supreme Court held that such licenses are unconstitutional.

Prince v. Massachusetts (1944)
In a 5-4 Court Decision, the Court upheld Massachusetts' restriction on
the abilities of children to sell religious literature.

Watchtower Society v. Village of Stratton (2001)
Should people going door-to-door for solicitations, canvassing, etc. be
required to get a permit first? The Jehovah's Witnesses don't think so, and
challenged just such a law in the Village of Stratton, Ohio. The 6th
Circuit Court decided against them, but the case will soon be decided by
the Supreme Court.
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THE MORMON CASES '
Reynolds v. United States (1879)
Davis v. Beason (1890)
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Abington School District v Schempp was brought by a Unitarian

Animus against Atheists - and Madalyn Murray in particular - ran so high 35
years ago that even the Supreme Court itself seems to have indulged in a
spiteful act in the very process of publishing its decision. Despite the
fact that the Murray case had been given an earlier docket number than the
Schempp case (119 vs. 142) and presented oral argument earlier (Feb. 27 vs.
Feb. 27-28, 1963), the Murray name was expunged from the legal records by
the simple artifice of combining the Murray case with the Schempp case and
referring thereafter to the combined cases as Abington School District v
Schempp rather than as Murray v Curlett - as priority would normally
require. But Unitarians, such as the Schempps, were (and still are) more
respectable than Atheists.
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ENGEL v. VITALE
The man who who was the organizer was Lawrence Roth who was Jewish
He managed to get the following to join him in the suit which the ACLU
brought on their behave:
David Lichtenstein, Monroe Lerner, Leonore Lyons, and Steven Engel. The
plaintiffs were listed alphabetically, so it was Engel's name that would
identify the suit.

This case, Engel v. Vitale,
would eventually make its way through the court system to the U.S.
Supreme Court and one day change the law of the land.
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LeVake v. Independent School was brought by a Christian.
Once again, a court found that a school teacher does not have a right to
teach religion under the guise of creationism and that the teaching of
evolution is a valid course in public schools.
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Lee v. Weisman (1991) was brought by Jews.
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Santa Fe Independent School Dist. v. Doe was brought by Catholics and
Mormons.
----------------------------------------------------------------
U.S. 9th Circuit Court of Appeals
CARPENTER v CCSF No. 92-16767
Argued and Submitted November 16, 1994--San Francisco, California
Filed August 20, 1996
Plaintiffs in the Mt. Davidson (CA) case included
Victor Carpenter, a Unitarian minister (do you have a full cite or name for
this case)
<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=9th&navby=case&no=9216767>&navby= case&no=9216767

Various local religious leaders and citizens of San Francisco (collectively
called "Carpenter") brought this suit against the City of San Francisco,
its Recreation and Park Commission, and its Manager (collectively called
"City"). The suit challenges the City's ownership and maintenance of the
Mount Davidson Cross as violating the No Preference Clause and the Ban on
Aid to Religion Clause of the California Constitution and the Establishment
Clause of the United States Constitution. On cross-motions for summary
judgment, the district court entered summary judgment for the City.
Carpenter v. City and County of San Francisco, 803 F. Supp. 337 (N.D. Cal.
1992). Carpenter appealed
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Church of the Lukumi Babalu Aye v. City of Hialeah (1993)
The Church of the Lukumi Babalu Aye was leasing land in Hialeah, Florida
and planning to establish a church, school, cultural center, and musuem
there.

Their religion was Santeria, which originated in Cuba in the 19th century
and includes the ritual sacrifice of animals.
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Employment Division, Department of Human Resources of Oregon v. Smith
(1990)

In Oregon, two counselors in a program for chemically dependent persons
agreed, as a condition of their employment, not to use any addictive
substances. But as Native Americans and members of the Native American
Church, they used peyote as part of their traditional worship service.
Peyote is a mild hallucinogenic drug derived from mescaline cactus
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Lying v. Northwest Indian CPA (1988)

A primary characteristic of Native American religion is the belief in
sacred lands: land itself is regarded as sacred, living, and having
siginficant spiritual qualities.
Native Americans filed suit claiming that it would constitute an
impermissible burden on their freedom of religious exerciese.
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Goldman v. Weinberger (1986)
S. Simcha Goldman was an Orthodox Jew and ordained rabbi serving as an
officer in the U.S. Air Force and working as a clinical psychologist at his
base's mental health clinic. Orthodox Jewish doctrines mandate that males
cover their heads in the presence of God as a sign of respect.
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Estate of Thornton v. Calder, Inc. (1985)

Connectictut had amended its Sunday closing laws to say that no employee
could be required to work on his or her chosen day of worship. The law
appears to have been crafted as a good-faith attempt to promote the free
exercise of religion and avoid the kind of religious discrimination that
had been upheld in the McGowan and Braunfeld cases twenty-four years
earlier.

Donald E. T hornton was a Presbyterian who claimed Sunday as his day of
worship. But his employer, Caldor, required that all managers like him work
at least one Sunday each month.

With the majority opinion writen by Chief Justice Burger, the Supreme Court
ruled 8-1 that Connecticut's law was unconstitutional because it advanced a
particular religious practice.

Caldor had argued that the law violated the Establishment Clause because it
gave each employee the absolute right to impose their particular day of
worship on employers and other employees. The Court substantially agreed
with this claim.
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Larson v. Valente (1982)
Any group which received more than 50 percent of its revenue from
nonmembers would have to register with the state, file financial disclosure
forms, and be subject to closer state scrutiny.

Right after the law took effect, state officials wrote to the Unification
Church, stating that the organization would now be required to register.
Several members of the Unification Church claimed that this violated the
Establishment Clause and files suit.

With a majority opinion written by Justice Brennan, the Court ruled 5-4
that the Minnesota law was indeed unconstitutional because it placed a
burden on certain religions and was not closely enough related to
furthering a specific governmental interest.
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Wisconsin v. Yoder (1971) Free Exercise -
Three families, members of the Old Order Amish religion and the
Conservative Amish Mennonite Church, sued the state of Wisconsin because of
a requirement that children be enrolled in school until the age of sixteen.

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Sherbert v. Verner (1963)
This Supreme Court case became one of the seminal cases involving religious
liberty, creating the Sherbert Test. Just as the "clear and present danger"
test from Cantwell v. Connecticut structured decisions from 1940 until
1963, the Sherbert decision strucuted the court's responses to religious
liberty claims until 1990 when the Lemon test was devised.

Adell Sherbert was an employee in th textile mills of South Carolina who
was fired by her employer because she refused to work on Saturday, her
faith's Sabbath.

Sherbert was a member of the Seventh-Day Adventist church which teaches
that Saturday, not Sunday, is the proper day for the Christian sabbath.
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Braunfeld v. Brown (1961)
Jacob Braunfeld was an Orthodox Jew who owned a retail clothing store in
Philadelphia. His store was closed on Saturdays because that was his
Sabbath, but Pennsylvania's blue law required that his store also be closed
on Sundays because that was the traditional Christian Sabbath.
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U.S. v. Ballard (1944)
Guy Ballard was the leader of the "I Am" Movement and claimed to have had
remarkable spiritual experiences - including personal encounters with Saint
Germain and even Jesus. As a result of these experiences, he believed that
he knew things like the secret of good and even claimed that he could heal
incurable diseases.

The Court found that neither the courts nor the government have the right
to evaluate the religious beliefs of a citizen or group.
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McClean v. Arkansas (1981)
Evolution, Scientific Creationism, & Balanced Treatment

In 1968, the Supreme Court found that an Arkansas law prohibiting the
teaching of evolution was impermissible because it violateed the
Establishment Clause and prohibited the free exercise of religion.

As a result of this decision, states were forbidden to ban the teaching of
evolution even in public schools - creationists had to find some other
means to oppose "godless" evolution. Thus, at this time "scientific
creationism" began to develop by those looking for some way to challenge
evolution in the science classes with something that did not appear to be
as overtly religious.

The chief goal was to work for the passage of "balanced treatment" laws
that mandate that whenever evolution is taught, then so must creation
science. Once again, Arkansas took the lead by passing Act 590 in 1981.
This law required that in all public schools, creation science must be
given "balanced treatment" alongside evolution.

A number of people, including local clergy, sued to have the law struck
down. They argued that it impermissibly caused the government to give
special support and consideration to one type of religious doctrine.

A U.S. District Judge, William R. Overton, found that this law, too, was
unconstitutional. It is true that the law did not demand minute-for-minute
parity between evolution and creationism, but that did not factor into his
final decision.

According to the Overton, creation science was indeed based upon religious
ideas despite vehement claims to the contrary:
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I'll see what I can find out aboput the religious affiliations, if any in
the other cases listed here:
Supreme Court Decisions on Religious Liberty
Full Listing of Cases
ttp://atheism.about.com/library/decisions/indexes/bl_l_AllIndex.htm



Gibbons v. District of Columbia (1886)
Should property owned by a religious organization, even if that
property is used for commercial rather than religious purposes, be exempt
from the same taxes as property which is used for religious purposes?
According to the Supreme Court, Congress is free to set the standards for
tax exemptions and refuse to grant such exemptions to commercial property
owned by church.

Cantwell v. Connecticut (1940)
The Court ruled that the statute requiring a license to solicit for
religious purposes was a prior restraint that vested the state with
excessive power in determining which groups must obtain a license.

Minersville School District v. Gobitis (1940)
In an 8-1 Court Decision, the Court ruled that a school district's
interest in creating national unity was sufficient to allow them to require
students to salute the flag.

Cox v. New Hampshire (1941)
The Court unanimously upheld the convictions of Jehovah's Witnesses for
engaging in a public parade without a license.

Jones v. Opelika I (1942)
The Court upheld a statute prohibiting the selling of literature
without a license because it only covered individuals engaged in an
commercial activity rather than a religious ritual.

West Virginia State Board of Education v. Barnette (1943)
The Court ruled 8-1 that a school district violated the rights of
students by forcing them to salute the American flag.

Jones v. Opelika II (1943)
The Court ruled the practice of charging a flat fee for people
distributing literature was unconstitutional. The freedom of press was not
to be restricted only to those who can afford to pay the licensing fee.

Douglas v. City of Jeannette (1943)
The Supreme Court refused to prevent the City of Jeannette,
Pennsylvania, from threatening prosecution of Jehovah's Witnesses who were
violating a law requiring the licensing of people selling books even while
that law was being challenged before the Supreme Court.

Murdock v. Pennsylvania (1943)
The Court found that the Jeanette ordinance requiring solicitors to
purchase a license from the borough was an unconstitutional tax on the
Jehovah's Witnesses' right to freely exercise their religion.

Follett v. Town of McCormick (1944)
Should people who earn their living by selling or distributing
religious materials be required to pay the same licensing fees and taxes as
are expected of those who sell or distribute non-religious materials? The
Supreme Court held that such licenses are unconstitutional.

United States v. Ballard (1944)
The Court found that neither the courts nor the government have the
right to evaluate the religious beliefs of a citizen or group.

Prince v. Massachusetts (1944)
In a 5-4 Court Decision, the Court upheld Massachusetts' restriction on
the abilities of children to sell religious literature.

Everson v. Board of Education (1947)
Supreme Court decision finding that a New Jersey law providing for
reimbursement to parents of parochial school students for transportation
costs on public busses is constitutional.

McCollum v. Board of Education (1948)
By a 6-1 vote the Supreme Court agreed with Mrs. McCollum, an atheist
mother, and disallowed the practice of having religious education to take
place in public school classrooms during the school day.

Burstyn v. Wilson (1952)
Unanimous Supreme Court decision invalidating a New York law which
permitted the banning of films if they were found to be "sacrilegious."

Kedroff v. Saint Nicholas Cathedral (1952)
The Supreme Court ruled that neither the Establishment Clause nor the
Free Exercise Clause permitted the New York legislature to pass a statute
designating which religious group may have control over a church.

First Unitarian Church of Los Angeles v. County of Los Angeles (1958)
Can religious tax exemptions be conditioned on a oath of adherence to
some particular political ideas? Can the government require that churches
seeking tax exemptions not say, believe, or advocate particular political
doctrines?

Torcaso v. Watkins (1961)
In a unanimous decision, the Court found that Maryland's religious test
for public office violated Torcaso's right to religious freedom.

McGowan v. Maryland (1961)
The Court ruled that Maryland's Sunday closing laws had evolved into
furthering secular ends and therefore did not violate the Establishment
Clause.

Braunfeld v. Brown (1961)
An Orthodox Jew challenged Pennsylvania's blue laws, but by a 6-3 vote,
with Chief Justice Warren writing the majority opinion, the Supreme Court
declared them constitutional.

Arlan's Department Store v. Kentucky (1962)
Supreme Court dismissing a case as not having any serious questions for
them. Kentucky's mandatory Sunday closing laws had been found by a lower
court not to be an establishment of Christianity and, hence, not a
violation of the Establishment Clause.

Engel v. Vitale (1962)
The Court ruled 7 to 1 that it was unconstitutional for a government
agency like a school or government agents like public school employees to
require students to recite prayers.

Sherbert v. Verner (1963)
The Supreme Court ruled 7-2 in favor of the woman's right to refuse to
work on her Sabbath without relinquishing her right to unemployment
benefits.

Abington Township School District v. Schempp (1963)
The Court ruled 8-1 against requiring the recitation of Bible verses
and the Lord's Prayer.

Epperson v. Arkansas (1968)
The Court found that an Arkansas law prohibiting the teaching of
evolution is impermissible because it violates the Establishment Clause and
prohibits the free exercise of religion.

Board of Education v. Allen (1968)
Supreme Court decision finding that a New York Law requiring public
school districts to purchase text books for private schools, including
parochial schools, is permissible and not a violation of the Establishment
Clause.

Presbyterian Church v. Hull Church (1969)
The Court unanimously decided that a Superior Court overstepped its
constitutional powers by involving itself in an internal church dispute and
that a Georgia law was unconstitutional for giving juries the right to make
decisions in theological disputes.

Walz v. Tax Commission of the City of NY (1970)
With the majority opinion written by Chief Justice Burger, the Court
upheld the tax exemption for churches by a vote of 8-1.

Welsh v. United States (1970)
The Court ruled that a man could be a "conscientious objector" even
though he did not claim the status for religious reasons.

Lemon v. Kurtzman (1971)
On June 28th, 1971, the Court unanimously (7-0) determined that the
direct government assistance to religious schools was unconstitutional.

Coit v. Green (1971)
Should private schools that engage in racial discrimination be
permitted to retain their tax exempt status? This depends upon just why tax
deductions exist. If private schools receive their tax deduction simply
because they are involved with education, then their discriminatory
policies shouldn't matter.

United States v. Christian Echoes National Ministry (1972)
How far can the IRS go in determining whether a religious organization
should retain its tax exempt status? The Supreme Court let stand a District
Court decision which found that the IRS did not have the authority to total
up various "religious" and "political" activities in order to determine
which carried more weight for an organization.

Diffenderfer v. Central Baptist Church (1972)
Should a church continue to receive a tax exemption for property that
it is using for commercial purposes? Traditionally religious tax exemptions
are conditioned on the idea that the church or organization pursue
religious goals - commercial goals which result in a profit do not receive
tax exemption.

Wisconsin v. Yoder (1972)
On May 15th 1972 the Court ruled 6 to 1 that the compulsory education
law in Winconsin did indeed violate the Free Exercise Clause for Amish
parents.

Committee for Public Education v. Nyquist (1973)
The Court found all three sections of a New York law providing, among
other things, tax deductions and reimbursements for children in parochial
schools, unconstitutional. Each of the three parts of the law had the
primary effect of furthering religion.

Meek v. Pittenger (1975)
Supreme Court decision invalidating most of two Pennsylvania laws
providing for instructional materials and equipment to religious schools
because most of that aid could be easily diverted to religious purposes.

Wolman v. Walter (1977)
The Court allowed Ohio to provide standardized tests, therapeutic and
diagnostic services to non-public school children. However, the state was
not permitted to offer educational materials or subsidize class field
trips.

Trans World Airlines v. Hardison (1977)
The Court decided 7-2 that TWA went far enough in attempting to
accommodate Hardison's religious beliefs and that the company was justified
in firing him when he refused to comply with his work assignments.

McDaniel v. Paty (1978)
The Court ruled that Tennessee's statute forbidding clergy from holding
public office improperly forced citizens to choose between exercising two
of their fundamental rights.

Jones v. Wolf (1979)
The Supreme Court vacated a lower court's decision that a minority
faction had control of a church becaused the lower court failed to use the
"neutral principles of law" test properly.

Stone v. Graham (1980)
The Court ruled that a Kentucky law requiring the posting of the Ten
Commandments in each public school classroom in the state to be
unconstituional.

McClean v. Arkansas (1981)
The Court found that Arkasas' "blanced treatment" law mandating equal
treatment of creation science with evolution was unconstitutional.

Segraves v. California (1981)
A California judge ruled that teaching evolution in public school
science classes does not infringe upon the rights of any students or
parents to the free exercise of their religion, even if they sincerely
believe that evolution is contrary to their religious beliefs.

Larkin v. Grendel's Den (1982)
The Court ruled 8-1 that the Massachusetts law that allowed schools and
churches to prevent the issuance of alcohol permits to establishments
within 500 feet unconstitutional because it substituted religious Court
Decision-making for public legislative authority.

Larson v. Valente (1982)
The Court ruled 5-4 that a Minnesota law imposing greater burdens on
minority, non-traditional relgious groups was unconstitutional because was
not closely enough related to furthering a specific governmental interest.

Bob Jones University v. United States (1983)
The Supreme Court upheld the IRS's policy of prohibiting tax exempt
status to even religious schools with racially discriminatory policies.

Lynch v. Donnelly (1983)
The Supreme Court ruled 5-4 that the city of Pawtucket could continue
to display a nativity scene as part of its Christmas display.

Marsh v. Chambers (1983)
The Court permitted the practice of beginning the legislative session
in Nebraska with a prayer given by the publicly funded chaplain.

Aguilar v. Felton (1985)
In a 5-4 Court Decision in 1985, the Court overturned New York City's
program of paying the salaries of public employees who provided any
remedial assistance to low-income students in parochial school
environments.

Estate of Thornton v. Caldor (1985)
The Court ruled 8-1 that Connecticut's law requiring that employers
give all employees the day off if it was their chosen day of worship was
unconstitutional because it had a direct effect of advancing a particular
religious practice.

Grand Rapids School District v. Ball (1985)
Grand Rapids School District offered two programs conducted in leased
private school classrooms: one taught during the regular school day by
public school teachers and the other taught after regular school hours by
part-time teachers. Both were found unconstitional.

Wallace v. Jaffree (1985)
The Court found that an Alabma law requiring that each school day begin
with a one minute period of "silent meditation or voluntary prayer" was
unconstitional.

Bowen v. Roy (1986)
In an 8-1 Court Decision, the Court ruled that the government was
permitted to require beneficiaries to supply it with their Social Security
numbers, even if their religion forbade it.

Goldman v. Weinberger (1986)
The Supreme Court upheld a military provision requiring a uniform dress
code and prohibited an Orthodox Jew from wearing a religiously required
yarmulke.

Edwards v. Aguillard (1987)
In a 7-2 Court Decision, the Court invalidated Louisiana's "Creationism
Act" because it violated the Establishment Clause.

Lying v. Northwest Indian CPA (1988)
By a 5-3 vote the Court allowed a road to be built through sacred
Indian lands. The Court did acknowledge that the road would in fact be
devastating to their religious practice, but simply found this to be
regrettable.

Bowen v. Kendrick (1988)
In a 5-4 Court Decision, the Court allowed federal funds to be given to
religious organizations offering counseling consistent with the purposes
advocated in the Adolescent Family Life Act.

County of Allegheny v. ACLU Greater Pittsburgh Chapter (1989)
The Supreme Court ruled that while a creche display on public property
was unconstitutional, a menorah display on another piece of public property
was not.

Board of Education of Kiryas Joel Village School v. Grumet (1989)
The Court found that a school district boundary was unconstitutionally
drawn to deliberately aid a particular religious group.

Texas Monthly, Inc. v. Bullock (1989)
With Justice Brennan writing the majority opinion, the Court decided
that exempting religious publications from the state sales tax violated the
Establishment Clause.

Jimmy Swaggart Ministries v. California (1990)
Should religious organizations be totally exempt from taxation because
the collection of such taxes violates both the Free Exercise and the
Establishment Clauses of the First Amendment?

Webster v. New Lenox (1990)
Seventh Circuit Court of Appeals ruled that school boards have the
right to prohibit teaching creationism because such lessons would
constitute religious advocacy and, hence, such restrictions do not
constitute an infringement on a teacher's free speech rights.

Employment Division of Oregon v. Smith (1990)
Justice Scalia wrote the majority opinion for the Court, which upheld
the Oregon law against drug use, even for religious reasons, by a vote of
6-3.

Lee v. Weisman (1992)
On June 24th 1992, the Court ruled in a 5-4 Court Decision that a
graduation prayer given by a rabbi during school graduation violated the
Establishment Clause.

Church of the Lukumi Babalu Aye v. City of Hialeah (1993)
In 1993, the Court unanimously invalidated city ordinances outlawing
animal sacrifices.

Zobrest v. Catalina Foothills School District (1993)
In 1993, the Court decided 5-4 to require a school district to offer a
student in a private religious school the sign language interpreter he
needed.

Peloza v. Capistrano (1994)
Ninth Circuit Court of Appeals decision that a teacher does not have a
right to teach creationism in a biology class, that "evolutionism" is not a
religion or world view, and that the government can restrict the speech of
employees while they are on the job.

Brown v. Woodland Joint Unified School District (1994)
Ninth Circuit Court of Appeals decision holding that a school
district's use of the "Impressions" teaching aid did not constitute a
promotion of witchcraft and denigration of Christianity.

Capitol Square Review Board v. Pinette (1995)
Supreme Court decision holding that an unattended cross erected by the
KKK on public grounds would not give the impression of government
endorsement and, hence, is not a violation of the separation of church and
state.

Agostini v. Felton (1997)
On June 23rd, 1997, in a 5-4 Court Decision, the Court allowed public
school teachers to tutor private school students in their private schools,
even if the schools were primarily religious in nature.

Boerne v. Flores (1997)
The Court ruled against an Archbishop and in favor of the city of
Boerne, finding that the Congress did indeed exceed its authority by
passing the RFRA and that governments did not have to use the "compelling
government interest" test.

Good News Club v. Milford Central School District (1998)
Second District Court decision which found that a school district in
New York could prohibit a community religious group from meeting in the
school building because they would using it for specifically religious
purposes.

DiLorento v. Downey USD (1999)
The Supreme Court let stand, without comment, a 9th Circuit Court of
Appeals decision that a school district was within its rights to
discontinue a program of paid advertising signs on school grounds rather
than accept a sign promoting the Ten Commandments.

Freiler v. Tangipahoa (1999)
Fifth Circuit Court of Appeals found that a disclaimer to be read
before teaching about evolution ultimately had the effect of furthering
religious interests and was therefore unconstitutional.

ACLU v. Ohio (1999)
Sixth Circuit Court of Appeals held that the Ohio motto, "With God All
Things Are Possible" is indeed a religious slogan and, hence, a violation
of the separation of church and state.

Indianapolis Baptist Temple v. U.S (2000)
If a religious group believes that paying taxes is a sin, should they
become exempt from paying all taxes in order to preserve their right to
free exercise of religion?

Santa Fe School District v. Doe (2000)
The Supreme Court ruled that official, student-led prayers before a
school football game violated the separation of church and state.

Mitchell v. Helms (2000)
Supreme Court decision allowing for educational materials and equipment
to be given to religious schools, even if such equipment could be and is
diverted for religious purposes - so long as this aid is granted to any
religious or private school in an even-handed manner.

Williams v. Lara (2000)
The Texas Supreme Court decided that an "all fundamentalist" prison
section was unconstitutional, even though the prisoners volunteered to be
there where other religious beliefs were excluded.

O'Bannon v. Indiana Civil Liberties Union (2001)
The Supreme Court has recently refused to hear a case about a large
monument in Indiana which would have included the Ten Commandments. What
was the original 7th Circuit Court decision, and why did they reach that
conclusion? What does this mean for future cases?

Watchtower Society vs. Village of Stratton (2001)
Should people going door-to-door for solicitations, canvassing, etc. be
required to get a permit first? The Jehovah's Witnesses don't think so, and
challenged just such a law in the Village of Stratton, Ohio. The 6th
Circuit Court decided against them, but the case will soon be decided by
the Supreme Court.

LeVake v. Independent School District (2001)
A federal district court finds that a school may remove a teacher from
teaching a biology class when that teacher, a creationist, cannot
adequately teach evolution.

FFRF v. Faith Works (2002)
A federal district court decides that the state government cannot give
direct, unrestricted funding to a "faith based" drug counseling program
which also includes a heavy dose of religious indoctrination.

FFRF v. Rhea County Board of Education (2002)
A federal district court decides that a public school cannot have
students from the local Bryan College come in to teach Bible classes.

ESA v. Rylander (2001)
A Texas District Court ruled that a nontheistic Ethical Culture Society
deserved a religious tax exemption. The Court rejected State arguments that
religion must be defined by a belief in a "Supreme Being."