Professor Baker’s Preview of the Establishment Clause case

Professor Baker published a Preview of the Establishment Clause case which is being argued at the Supreme Court this week.

Synopsis:“The Town of Greece, New York has an elected five-member Town Board. The Board invites local clergy to offer an opening prayer at its regular, monthly meetings. The two plaintiffs are residents of the Town who disapproved of this practice enough to make a federal case out of it. The District Court rejected their challenge, but the Second Circuit sided with the plaintiffs and ruled that the Town was violating the Establishment Clause in the way it was arranging for the official prayers. Now the Supreme Court will have to sort out its prior precedents on public prayer and the newer justices will have to declare their views of the practice. The decision will determine the proper constitutional etiquette for these occasions of ceremonial deism, i.e., religious rituals by the government.”

http://www.americanbar.org/content/dam/aba/images/public_education/Town_of_Greece.pdf

The Constitutionality of Saying a Prayer at a City Council Meeting: May America Bless God?, Preview of United States Supreme Court Cases at 56 (Nov. 4, 2013) (Town of Greece v. Galloway, ___ S.Ct. ___ (2014))

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