CCJ Files Brief in Establishment Clause Case

By John C. Eastman, Edwin Meese

Posted January 25, 2013


Print This

Does the Establishment Clause require all religious symbols to be hidden from view?

In Elmbrook School District v. Doe, the Seventh Circuit Court of Appeals ruled that a public high school violated the Constitution when it held graduation ceremonies in a local church—the only building in town with both air conditioning and comfortable seating. The Circuit Court's decision, which can be found here, details the unacceptable "proselytizing environment" posed by the church (including such offenses as an uncovered cross in the sanctuary and hymnals in each pew).

CCJ's brief argues that the Supreme Court needs to take this case to move Establishment Clause doctrine back in line with the original meaning of the First Amendment's Establishment Clause: to protect against legal coercion of churches and church goers. The school district rented the facility at the request of the students because it had comfortable seating and air conditioning, and no one should expect that church to hide all religious symbols or books—nor should a government that purports to respect religious freedom even consider such a requirement.

Download the full CCJ brief here: Download file Amicus Brief, Elmbrook School District v. John Doe

To support this project, please visit our donations page.

Search the Site

 

E-mail Newsletter

Enter your email address below to stay informed about Claremont Institute events and scholarship.

 

My Claremont Login


Stay up to date with the Claremont Institute events, programs, and publications most important to you. Claremont Review of Books subscribers receive complete online access from the first day an issue is published. Please login below or click here to sign-up.

E-mail
Password

Other Sites

Right-Reason.org
Right Reason, written by Hadley Arkes, is a journal dedicated to the application of natural law reasoning to past and current court cases.

Missilethreat.com
Ballistic Missile Defense: Understanding the Nuclear Threat

Founding.com
A User's Guide to the Declaration of Independence

Vindicating The Founders.com
Race, Sex, Class and Justice in the Origins of America

Copyright © 2002-2013 The Claremont Institute. Technical problems may be brought to the attention of the webmaster.  

 Terms & Conditions    Privacy Statement