Rocking the boat; the Supreme Court edges toward overturning precedent in two key cases

Article Abstract:

Lee v Weisman and Planned Parenthood v Casey gave the Supreme Court the opportunity to overturn precedent in the areas of church and state and abortion, and those on the side of precedent prevailed by 5 to 4 margins. The precedent in both cases stemmed from cases decided in the early 1970s. In Lee v Weisman, the majority held that having prayers at public school graduation ceremonies constituted undue state entanglement with religious activity. In Planned Parenthood v Casey, Justice O'Connor formulated the 'undue burden' test as a means of deciding on the legality of an abortion.

Prayer in the public schools, School prayer, Abortion

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Power surge: asserting authority over Congress in religious freedom case

Article Abstract:

The US Supreme Court ruled that the 1993 Religious Freedom Restoration Act altered the interpretation of the First Amendment and therefore exceeded the powers of Congress in City of Boerne v. Flores. The Act creates compelling government interest and least restrictive means standards for any law that substantially burdens the exercise of religion regardless of the law's intent. It is the judiciary's purpose to interpret the law, not Congress's, and so the Act is unconstitutional since judicial interpretation requires the burdensome law to specifically target religious practices.

United States

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Arguing religion; searching for clear commandments in this term's religion cases

Article Abstract:

The US Supreme Court decided three establishment clause cases at the end of the 1992-93 term, but these decisions failed to present a test for deciding future cases in this area. Zobrest v. Catalina Foothills School District and Lamb's Chapel v. Center Moriches Union Free School District dealt with the application of the establishment clause to the schools. Church of Lukumi Babalu Aye v. Hialeah agreed that a city ordinance banning animal sacrifice violated the constitutional right to religious liberty.

Religion in the public schools, Religion in schools

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