Establishment Clause - religious displays on public property - Colorado Supreme Court upholds display of Ten Commandments on public property

Article Abstract:

The Colorado Supreme Court's decision in State v. Freedom from Religion Foundation demonstrates some of the shortcomings of the US Supreme Court's Establishment Clause jurisprudence. The Colorado Supreme Court found that a monument at the state capitol that featured the Ten Commandments had a secular purpose and did not constitute state endorsement because of the presence of other non-Judeo-Christian images nearby. Needed reforms to church and state law could include placing the burden of persuasion on state actors when no steps are taken to disclaim religious endorsement.

Colorado, Ten Commandments (Sacred work)

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Establishment Clause - definition of religious beliefs - Massachusetts Supreme Judicial Court invalidates religious holiday statute protecting only established religions. - Pielech v. Massasoit Greyhound, Inc

Article Abstract:

The Massachusetts Supreme Judicial Court invalidated a state statute at issue in Pielech v. Massasoit Greyhound, Inc. that prohibited employers from requiring employees to forego or violate a practice of their religion. The Court found that the statute violated the Establishment Clause in two ways. It was found to favor established religions, and it resulted in an excessive entanglement of state and religion by requiring the courts to inquire into religious dogma. The Court should have attempted to preserve the statute and redraft the definition of religious practices.

Laws, regulations and rules, Work environment, Massachusetts, Religion, Holidays, Religion in the workplace

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Constitutional law - Establishment Clause - Second Circuit holds that city's display of a creche in a public park does not unconstitutionally endorse religion

Article Abstract:

The US 2d Circuit Court of Appeals in Elewski v. City of Syracuse incorrectly held that the Establishment Clause was not violated by the display in a public park of a publically-owned creche or nativity scene. The court considered too much in its physical context analysis of the entire Syracuse, NY downtown area, rather than limiting its analysis to the creche display. The overbroad analysis was due to the court's misconstruing of relevant precedent.

United States, Freedom of religion, Public spaces, Creches (Nativity scenes)

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