Page 68 - Freedom in the world_Neat
P. 68

prince”).
               9  See, e.g., West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943) (striking
               down mandatory Pledge of Allegiance).
               10  Good News Club v. Milford Central Sch., 533 U.S. 98 (2001) (applying Free Speech
               Clause to strike down public school’s exclusion of Christian group from school facilities
               based on religious viewpoint); Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S.
               819 (1995) (applying Free Speech Clause to strike down state university’s exclusion of
               Christian group from participation in student activity fees based on religious viewpoint);
               Lamb’s Chapel v. Center Moriches Union Free Sch. Dist., 508 U.S. 384 (1993) (applying
               Free Speech Clause to strike down public school’s exclusion of Christian group from school
               facilities based on religious viewpoint); Widmar v. Vincent, 454 U.S. 263 (1981) (applying
               Free Speech Clause to strike down state university’s exclusion of Christian group from
               school facilities based on religious viewpoint).
               11  Boy Scouts v. Dale, 530 U.S. 640 (2001) (applying Free Speech Clause to protect the
               right of the Boy Scouts to exclude from leadership those who disagree with the Scouts’
               views on sexual morality).
               12  See, e.g., Lee v. Weisman, 505 U.S. 577 (1992) (striking down nondenominational
               prayer at public high school graduation as “coercive,” where participation in ceremony was
               voluntary and where students were not required to listen to or recite prayer, but only to be
               silent).
               13  See Locke v. Davey, 540 U.S. 712, 722 (2004) (“Since the founding of our country,
               there have been popular uprisings against procuring taxpayer funds to support church
               leaders, which was one of the hallmarks of an ‘established’ religion.”)
               14  See Doremus v. Board of Education, 342 U.S. 429 (1952); Flast v. Cohen, 392 U.S. 83
               (1968); Valley Forge Christian College v. Americans United for the Separation of Church
               and State, 454 U.S. 464 (1982).
               15  See, e.g., DaimlerChrysler Corp. v. Cuno, 126 S. Ct. 1854, 1865 (2006) (reaffirming
               general rule against taxpayer standing). The scope of the Flast exception to the general
               rule against taxpayer standing is, at the time of this writing, pending before the Supreme
               Court: Hein v. Freedom from Religion Foundation, No. 06-157, cert. granted, 127 S. Ct.
               722 (December 1, 2006).
               16  McDaniel v. Paty, 435 U.S. 618 (1978) (applying Free Exercise Clause to strike down
               state constitution’s exclusion of ministers from participation as delegates in state
               constitutional convention); Rosenberger v. Rector and Visitors of the Univ. of Va., 515 U.S.
               819 (1995) (applying Free Speech Clause to strike down state university’s exclusion of
               Christian group from participation in student activity fees based on religious viewpoint).
               17  See Tilton v. Richardson, 403 U.S. 672 (1971) (rejecting claim that Establishment
               Clause prohibits government funding of buildings used for teaching secular subjects at a
               religious university).
               18  See Zelman v. Simmons-Harris, 536 U.S. 639 (2002) (distinguishing direct and
               indirect government funding of activities by religious institutions, and allowing indirect aid
               to fund even religious instruction consistent with Establishment Clause); Everson v. Board
               of Education, 330 U.S. 1, 17–18 (1947) (“Similarly, parents might be reluctant to permit
               their children to attend schools which the state had cut off from such general government
               services as ordinary police and fire protection, connections for sewage disposal, public
               highways and sidewalks. Of course, cutting off church schools from these services, so
               separate and so indisputably marked off from the religious function, would make it far


                                                                                                Page 68 of 168
   63   64   65   66   67   68   69   70   71   72   73