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Lee Vs. Weisman
Cites for this judgment
- US Supreme Court
- Jun 24, 1992
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U.S. 577 (1992) October Term, 1991 Syllabus Lee Et Al. V. WeismanSearch
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and secondary public schools compel the holding here. Thus, the Court will not reconsider its decision in Lemon v. KurtzmanSearch
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and coerce. Prayer exercises in elementary and secondary schools carry a particular risk of indirect coercion. Engel v. VitaleSearch
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School Dist. of Abington v. SchemppSearch
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differences between the public school system and a session of a state legislature distinguish this case from Marsh v. ChambersSearch
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the practice. 728 F. Supp. 68 (1990). The court applied the three-part Establishment Clause test set forth in Lemon v. KurtzmanSearch
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and (3) avoid excessive government entanglement with religion. Committee for Public Ed. & Religious Liberty v. NyquistSearch
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and violates the Establishment Clause. In so holding the court expressed the determination not to follow Stein v. PlainwellSearch
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F.2d 1406 (1987), in which the Court of Appeals for the Sixth Circuit, relying on our decision in Marsh v. ChambersSearch
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accommodation by the State for the religious beliefs and practices of many of its citizens. See County of Allegheny v. AmericanSearch
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we do not accept the invitation of petitioners and amicus the United States to reconsider our decision in Lemon v. KurtzmanSearch
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see also County of Allegheny, supra, at 591, quoting Everson v. BoardSearch
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permit school officials to assist in composing prayers as an incident to a formal exercise for their students. Engel v. VitaleSearch
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the very object of some of our most important speech is to persuade the government to adopt an idea as its own. Meese v. KeeneSearch
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see also Keller v. StateSearch
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Abood v. DetroitSearch
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on forms of state intervention in religious affairs with no precise counterpart in the speech provisions. Buckley v. ValeoSearch
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from subtle coercive pressure in the elementary and secondary public schools. See, e. g., School Dist. of Abington v. SchemppSearch
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Board of Ed. of Westside Community Schools (Dist. 66) v. MergensSearch
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U. S. 226 , 261-262 (1990) (KENNEDY, J., concurring). Our decisions in Engel v. VitaleSearch
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The concern may not be limited to the context of schools, but it is most pronounced there. See County of Allegheny v. AmericanSearch
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setting, where we have said the risk of compulsion is especially high. See supra, at 593-594. Just as in Engel v. VitaleSearch
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U. S., at 430, and School Dist. of Abington v. SchemppSearch
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the speeches, the timing, the movements, the dress, and the decorum of the students. Bethel School Dist. No. 403 v. FraserSearch
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petitioners and the United States between the facts of Marsh and the case now before us. Our decisions in Engel v. VitaleSearch
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supra, and School Dist. of Abington v. SchemppSearch
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interaction with the public schools and their students. See Board of Ed. of Westside Community Schools (Dist. 66) v. MergensSearch
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by the Court. I This Court first reviewed a challenge to state law under the Establishment Clause in Everson v. BoardSearch
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A few earlier cases involving federal laws touched on interpretation of the Establishment Clause. In Reynolds v. UnitedSearch
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States, 98 U. S. 145 (1879), and Davis v. BeasonSearch
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U. S., at 342. In another case, Bradfield v. RobertsSearch
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the Indians from using their money, held by the United States Government, for religious education. See Quick Bear v. LeuppSearch
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Everson, 330 U. S., at 16 (quoting Reynolds v. UnitedSearch
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U. S., at 31-32 (Rutledge, J., dissenting, joined by Frankfurter, Jackson, and Burton, JJ.). In Engel v. VitaleSearch
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A year later, the Court again invalidated governmentsponsored prayer in public schools in School Dist. of Abington v. SchemppSearch
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Everson v. BoardSearch
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and given by school officials, and pres- 3 The final prong, excessive entanglement, was a focus of Walz v. TaxSearch
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Since 1971, the Court has decided 31 Establishment Clause cases. In only one instance, the decision of Marsh v. ChambersSearch
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For example, in the most recent Establishment Clause case, Board of Ed. of Westside Community Schools (Dist. 66) v. MergensSearch
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Committee for Public Ed. & Religious Liberty v. NyquistSearch
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Syllabus Lee Et Al. V. WeismanSearch
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Public Ed. & Religious Liberty v. NyquistSearch
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