McCreary County v. ACLU (2005) Pinson, 4
McCreary County v. ACLU
Asher Pinson
Liberty High School
AP US Government, 2A
McCreary County v. ACLU was a significant case for the Establishment Clause, freedom of religion, and the First Amendment itself. This case made its way into the Supreme Court in the later part of 2004, and a decision was reached in the middle of 2005. This case extended the power of the Establishment Clause to prohibit the public display of religious texts in government-funded buildings.
Three counties in Kentucky, one of which was McCreary County, posted framed copies of the King James Version of the Ten Commandments in their public schools and courthouses. The American Civil Liberties Union (ACLU) sued them for
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First, was displaying the Ten Commandments in courthouses and public schools a violation of the First Amendment?s establishment clause that prevents the government from passing laws in favor of any religion (Chicago-Kent College of Law at Illinois Tech, 2004a)? Secondly, was an assumption that the purpose of these displays had been for promoting religion enough of a determination for prohibition (Chicago-Kent College of Law at Illinois Tech, 2004a)?
With a dissenting opinion on the matter, Justice Scalia first tells how he was in Rome, Italy on September 11, 2001. The President of the United States gave an address to the nation, ending it with ?God bless America.? A judge from a European country approached Scalia, giving his condolences. The judge then lamented over the inability to conclude an address with ?God bless____,? as it was forbidden. Scalia says that such a model of separation between church and state is one from Napoleon, and that it is not the model America uses. He then mentions that the First President believed that there was a God, saying that he opened his Presidency with a prayer. With all this, he says that the Court can?t say that the government must be neutral on
(2) Background Information As well as the lawsuit filed by Alton Lemon, this incident involved two other cases that fell under the same issue, Earley v. DiCenso and Robinson v. DisCenso. Both conflicts involved a state law passed, through the Non- public Elementary and Secondary Education Act of 1968, by the state of Pennsylvania and Rhode Island. This act gave the government permission to fund religious based or parochial schools. Although the schools provided textbooks and instructional materials for secular subjects, a Pennsylvania instructor believed that this act violated the Establishment Clause of the First Amendment, “Congress shall make no law respecting an establishment of religion” Lemon argued that that by providing this money
During the 1984 Republic Nation Convention in Dallas, Texas, Gregory Lee Johnson burned an American flag while protesting the policies of President Ronald Reagan. He was arrested and charged with the violation of a Texas statute that prohibited the desecration of a respected object, including the American flag, if such actions would likely cause anger in others. Johnson was tried and convicted by a Texas court where he then appealed, arguing that his actions were a “symbolic speech” and therefore protected by the First Amendment. The Supreme Court agreed to hear the case, with the issue of whether or not the burning of an American flag was or could be considered “symbolic speech”.
The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable
Both of these cases go to show that judicial interpretation allows some flexibility into the constitution. It allows things that are not expressly stated in the constitution to be made
Jefferson believed that a separation of church and state was necessary because a person’s religion was his or her own business. In his response to a letter from the Danbury Baptist Association, he agrees with the committee stating that “religion is a matter which lies solely between Man and his God, that he owes account to none other for his faith or his worship.” Some people take this to mean that Jefferson thought it was wrong for a nation to have a national church or faith to be enforced on its citizens. Others, however, believe he meant that religion should be left out of government altogether.
There have been tons of Supreme Court cases that have changed the lives of high schoolers and students everywhere- one of the most famous being the Tinker vs. Des Moines Independent School District case in 1969. There were three students, John Tinker, Mary Beth Tinker and Christopher Eckhardt, who decided to wear black armbands to show that they did not support the Vietnam War. The administrators of their school told them that the armbands needed to be removed because they were inappropriate, but they refused, and a huge court case started and they also got suspended from school. According to the students, their right to wear the armbands was protected under the First Amendment, which said that they were allowed freedom of speech and expression. After going through lots of courts, the Supreme Court took the case and agreed that the students were protected.
Though prayer can seem innocent enough, Smiths’ action of praying while performing the duty of a judge violates the establishment clause; seeing how Roger Robber is being subjected to Smiths’ beliefs. As made evident in the 1992 decision in the case of Lee v. Weisman, public schools, which function under the supervision of the government, cannot perform religious invocations and benedictions during a graduation, as doing so violates the establishment clause. A public school sponsoring a prayer at a graduation is considered “excessive government entanglement” when the objective is to create a prayer that is to be used in a formal religious exercise, which students, for all practical purposes are obliged to attend, resulting in a violation of the establishment clause. Going back to Smith, his inclusion of prayers while serving the government shows that there is no separation between church and state. This is a clear violation, seeing how Robber is placed in a highly religious environment, meaning that religious beliefs are likely to take the place of the law and completely disregarding the
We see multiple successes of voting equality attempted through amendments, however, the Supreme Court’s decision on Shelby County v. Holder has pushed back years and years of effort for voting rights. Supreme Court’s 5-4 ruling was in Shelby County’s favor, stating that the Section 4 of the Voting Rights Act was unconstitutional along with Section 5. Chief Justice John G. Roberts Jr, who wrote the majority’s opinion, said that the power to regulate election was reserved to the states, not the federal government. As a result to the court’s decision, the federal government can no longer determine which voting law discriminates and can be passed. After the case, many states had freely passed new voting laws; the most common voting law states passed
(Scottsboro trials). The Fourteenth amendment clearly states
The First Amendment to the Constitution, ratified in 1791, states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” (US Const., amend I, sec 1.). The Establishment Clause prohibits the government from making laws recognizing an official religion, or unduly (dis)favouring a certain religion, while the Free Exercise Clause affirms the right of American citizens to freely exercise their religious beliefs and practices. Interpretations of this legislation have evolved dramatically throughout American history, as its initial effect was to protect the dominant Protestant groups (Barner-Barry, 9). Eventually, Catholicism gained popularity and America was recognized as a Christian nation,
The first amendment may seem like something that is generally understood among all of those who use it, but this may not be the case. While most citizens of the United States of America would certainly say that they understand and can comprehend what the first amendment means, an underlying lack of knowledge, upon what is presumed to be the most important of all the amendments, can still be discovered. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.” The specific piece of the first amendment that is particularly important
Texas v. Johnson (1989) was a Supreme court case deciding whether or not flag burning is supported by “symbolic speech” protected by the first amendment. Gregory Lee Johnson is caught burning the American flag in Dallas, Texas in 1989 to protest Ronald Reagan`s policies. When Johnson had burned the flag during the protest the state of Texas arrested him for desecrating a venerated object. Although Johnson did not hurt or threaten to hurt anyone witnesses and spectators claimed to be seriously offended by seeing Johnson burn the flag. Most of the people in the courtroom were sided with Gregory Johnson supporting the fact that flag burning is considered as symbolic speech which is protected by the first amendment.
The United States of America was founded by people who were mainly trying to escape from some religious laws, to gain religious freedom or religion equality. Most of America 's first immigrants were Christians, therefore is no surprise the country is built on and with Christian morals. During 1980 a large population of immigrants came into U.S, this group of immigrants came from 5 different continents, with different religious backgrounds. However, the largest religious group among this large population of immigrants were Christians. About one-third of this immigrant who are not Christians find it difficult and unsafe to stay in a country where Christians seem to have an upper hand, very few of this people have stepped out from their comfort
On June 25, 1962, a Supreme Court case, Engel v. Vitale, 370 U.S. 421, was decided. The lawsuit was brought to the United States Supreme Court by parents (of students who attended schools in the Herricks School District) who complained that a nondenominational prayer instituted by the New York Board of Regents in their district was unconstitutional. The parents argued that the prayer, although optional, violated their First Amendment Rights. When the 6-1 (two justices did not vote) decision was made, it was ruled that voluntary prayer in public schools violates the Establishment Clause in the First Amendment of the United States Constitution. One concurring opinion was given, and the single judge that did not vote the same as the rest provided
Though the Constitution mentions the separation of church and state, it doesn’t say the separation of God from the state. Our founding father clearly involved the Judeo-Christian principles to the foundation of our country by hiring Ministers for their prayer meetings, allowing bibles and teacher led prayer in schools, government buildings acknowledged God, etc. George Washington said, "While we are zealously performing the duties of good citizens and soldiers, we certainly ought not to be inattentive to the higher duties of religion. To the distinguished character of Patriot, it should be our highest glory to add the more distinguished character of Christian." The separation of church and state which is the freedom of religion stated in the Bill of rights was based on the biblical principle of treating others as you would want to be treated.