Forbidden favoritism in the government accommodation of religion: Grumet and the case for overturning Aguilar

Article Abstract:

The Supreme Court's 1994 Grumet decision on religious accommodation of special needs students could lead to overturning the 1985 Aguilar decision. The Grumet majority, while holding states cannot create school districts for children of specific religions, called for reconsidering Aguilar, which prohibited public school special education services on-site at religious schools. The Grumet decision set forth guidelines for governmental fairness that could allow expanded religious accommodation within the public schools.

Special education, School districts

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Good Friday vacation as an establishment of religion: Metzl v. Leininger, 57 F.3d 618 (7th Cir. 1995)

Article Abstract:

The US Court of Appeals for the Seventh Circuit erred in finding in Metzl v. Leininger that the state of Illinois had the burden of showing a secular purpose for Good Friday school holiday legislation. Since this burden was not met, the court found that the legislation violated the Establishment Clause of the First Amendment by favoring Christians. Allowing for this holiday should not be seen as government advocacy of a particular religion, and the law should have been upheld as a de minimis accommodation.

Laws, regulations and rules, Holidays, Good Friday

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The Supreme Court's shifting tolerance for public aid to parochial schools and the implications for educational choice

Article Abstract:

The US Supreme Court in Agostini v. Felton overruled its 1985 decision in Aguilar v. Felton and held that the entanglement prong of the "Lemon test" was not appropriate for use in determining establishment of religion issues. The 5-4 decision exhibits the Court's liberalized view of public aid arrangements which benefit parochial schools. The correct decision will allow equal participation in government benefits.

Expenditures, Public, Public expenditures, School, Choice of, School choice, Church schools, Parochial schools

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