home.social

#establishmentclause — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #establishmentclause, aggregated by home.social.

fetched live
  1. cnn.com/2026/06/26/us/texas-sc

    I want to comment on story, as someone who has spent his entire life studying the Bible (in both religious settings and in higher education).

    The Bible can certainly be studied and appreciated as literature and as a historical ancient text, but simply reading paraphrased stories to children is not the way to do that.

    My fear is that this will lead children to believe these stories actually literally happened (which in many cases they did not --- i.e. the Daniel and the Lion's Den story that will be part of the 3rd grade Texas public school curriculum), but also lead to higher levels of mistreatment of children who have no religious beliefs or who might have different beliefs.

    To say it another way --- the Texas approach to public school religious indoctrination dumbs down and misrepresents the Bible in an abusive way. It's not only offensive to non-theists, but also to many religious people.

    #Theology #FirstAmendment #EstablishmentClause #ChristianNationalism

  2. cnn.com/2026/06/26/us/texas-sc

    I want to comment on story, as someone who has spent his entire life studying the Bible (in both religious settings and in higher education).

    The Bible can certainly be studied and appreciated as literature and as a historical ancient text, but simply reading paraphrased stories to children is not the way to do that.

    My fear is that this will lead children to believe these stories actually literally happened (which in many cases they did not --- i.e. the Daniel and the Lion's Den story that will be part of the 3rd grade Texas public school curriculum), but also lead to higher levels of mistreatment of children who have no religious beliefs or who might have different beliefs.

    To say it another way --- the Texas approach to public school religious indoctrination dumbs down and misrepresents the Bible in an abusive way. It's not only offensive to non-theists, but also to many religious people.

    #Theology #FirstAmendment #EstablishmentClause #ChristianNationalism

  3. The #Trump admin has directed funds to #Freedom250 that #Congress appropriated to a different group, #American250, a statutorily bipartisan group required to detail its spending for lawmakers. The White House appears to have set up Freedom250 to “sidestep” those requirements.

    #law #Constitution #EstablishmentClause #FreedomOfReligion #ChurchAndState #fraud #TaxpayersMoney

  4. The #Trump admin has directed funds to #Freedom250 that #Congress appropriated to a different group, #American250, a statutorily bipartisan group required to detail its spending for lawmakers. The White House appears to have set up Freedom250 to “sidestep” those requirements.

    #law #Constitution #EstablishmentClause #FreedomOfReligion #ChurchAndState #fraud #TaxpayersMoney

  5. ICYMI A prayer festival backed by #Trump took place in DC yesterday.

    Speakers including top #government officials framed the #UnitedStates as a nation founded to be explicitly #Christian [nope]. #Trump delivered a video message reading a #Bible passage aloud.

    Until Trump, it was virtually unheard of for #US ofcls to publicly tie the nation to a specific set of #religious beliefs.

    #law #Constitution #EstablishmentClause #FreedomOfReligion #ChurchAndState

    #GiftArticle
    wapo.st/4tDbKZZ

  6. ICYMI A prayer festival backed by #Trump took place in DC yesterday.

    Speakers including top #government officials framed the #UnitedStates as a nation founded to be explicitly #Christian [nope]. #Trump delivered a video message reading a #Bible passage aloud.

    Until Trump, it was virtually unheard of for #US ofcls to publicly tie the nation to a specific set of #religious beliefs.

    #law #Constitution #EstablishmentClause #FreedomOfReligion #ChurchAndState

    #GiftArticle
    wapo.st/4tDbKZZ

  7. #Texas can require the #TenCommandments to be displayed in #PublicSchool #classrooms, a #US appeals court ruled Tuesday in a victory for #conservatives who have long sought to incorporate more #religion into schools.
    It sets up a potential clash at #SCOTUS over the issue in the future.
    The ultra conservative #5thCircuit Court of Appeals claimed in the decision that the #law did not violate either the #EstablishmentClause or the #FreeExerciseClause of the #FirstAmendment.

    apnews.com/article/texas-ten-c

  8. #Texas can require the #TenCommandments to be displayed in #PublicSchool #classrooms, a #US appeals court ruled Tuesday in a victory for #conservatives who have long sought to incorporate more #religion into schools.
    It sets up a potential clash at #SCOTUS over the issue in the future.
    The ultra conservative #5thCircuit Court of Appeals claimed in the decision that the #law did not violate either the #EstablishmentClause or the #FreeExerciseClause of the #FirstAmendment.

    apnews.com/article/texas-ten-c

  9. Since the last day of early voting, I cannot help but think about the #Texas GOP's Proposition 10, which prohibits state courts from applying Sharia law. It passed with a 94.81% vote, but I have two gripes. The first is that it is clearly dog whistle politics. The second is that voting *against* it would support something that is patently at odds with the Establishment Clause. It's a good thing I have long stopped watching Fox News.

    #Amerabia #dogwhistle #EstablishmentClause #GOP #Islamophobia

  10. Since the last day of early voting, I cannot help but think about the #Texas GOP's Proposition 10, which prohibits state courts from applying Sharia law. It passed with a 94.81% vote, but I have two gripes. The first is that it is clearly dog whistle politics. The second is that voting *against* it would support something that is patently at odds with the Establishment Clause. It's a good thing I have long stopped watching Fox News.

    #Amerabia #dogwhistle #EstablishmentClause #GOP #Islamophobia

  11. #History, Tradition, and Finding Common Ground: The #EstablishmentClause and #ReligiousExpression by the State

    Chicago-Kent Law Review, Volume 100, No. 2 (forthcoming 2025)
    43 Pages Posted: 4 Dec 2025
    Kathleen Brady
    Center for the Study of Law and Religion, Emory University

    This article explores what a historically based approach has looked like for the Court’s members in past cases and where the Court may be headed next.

    papers.ssrn.com/sol3/papers.cf

  12. #History, Tradition, and Finding Common Ground: The #EstablishmentClause and #ReligiousExpression by the State

    Chicago-Kent Law Review, Volume 100, No. 2 (forthcoming 2025)
    43 Pages Posted: 4 Dec 2025
    Kathleen Brady
    Center for the Study of Law and Religion, Emory University

    This article explores what a historically based approach has looked like for the Court’s members in past cases and where the Court may be headed next.

    papers.ssrn.com/sol3/papers.cf

  13. #Government #Religious #Speech and the #EstablishmentClause

    #VanderbiltLaw Review, forthcoming 2026
    73 Pages Posted: 3 Dec 2025
    Mark Storslee, University of North Carolina School of Law
    Michael A. Helfand, Pepperdine University - Rick J. Caruso School of Law

    This Article proposes that several important strands of Founding-era #history suggest an alternative principle: that the #religious opinions of the populace are not proper objects of government action.

    papers.ssrn.com/sol3/papers.cf

  14. #Government #Religious #Speech and the #EstablishmentClause

    #VanderbiltLaw Review, forthcoming 2026
    73 Pages Posted: 3 Dec 2025
    Mark Storslee, University of North Carolina School of Law
    Michael A. Helfand, Pepperdine University - Rick J. Caruso School of Law

    This Article proposes that several important strands of Founding-era #history suggest an alternative principle: that the #religious opinions of the populace are not proper objects of government action.

    papers.ssrn.com/sol3/papers.cf

  15. This is not good news, as it upsets the very delicate balancing act set by our society in permitting religious organizations to have special benefits, in exchange for following a few very basic rules.

    It also opens up another huge problem - as it stands now, this new policy will only apply to "churches" ( a term of art which refers to most, but not all, religious communities) and not all non-profits, which to me is an obvious #FirstAmendment #EstablishmentClause violation.

    For my friends in the progressive religious world - my recommendation would be to be cautious and to wait until these polices are finally in place before changing one's current policies, because I think it is fair to say that we can count on biased decisions when it comes to prosecutorial discretion on these cases.

    I also think there is a serious question to be asked as to whether it is ethically appropriate for religious communities to be involved in this kind of politics, even if it may soon be legal.

    nbcnews.com/politics/trump-adm

    #ConLaw #Law #SCOTUS

  16. This is not good news, as it upsets the very delicate balancing act set by our society in permitting religious organizations to have special benefits, in exchange for following a few very basic rules.

    It also opens up another huge problem - as it stands now, this new policy will only apply to "churches" ( a term of art which refers to most, but not all, religious communities) and not all non-profits, which to me is an obvious #FirstAmendment #EstablishmentClause violation.

    For my friends in the progressive religious world - my recommendation would be to be cautious and to wait until these polices are finally in place before changing one's current policies, because I think it is fair to say that we can count on biased decisions when it comes to prosecutorial discretion on these cases.

    I also think there is a serious question to be asked as to whether it is ethically appropriate for religious communities to be involved in this kind of politics, even if it may soon be legal.

    nbcnews.com/politics/trump-adm

    #ConLaw #Law #SCOTUS

  17. #Law experts have long said they expect the #Louisiana case to make its way to the #SCOTUS, testing the #conservative #court on the issue of #religion & #government.

    In 1980, the #SupremeCourt ruled that a similar #Kentucky law violated the #EstablishmentClause of the US #Constitution, which says #Congress can “make no law respecting an establishment of religion.” The high court found that the law had no secular purpose but served a plainly #religious purpose.

    #ChurchAndState #Evangelism

  18. #Law experts have long said they expect the #Louisiana case to make its way to the #SCOTUS, testing the #conservative #court on the issue of #religion & #government.

    In 1980, the #SupremeCourt ruled that a similar #Kentucky law violated the #EstablishmentClause of the US #Constitution, which says #Congress can “make no law respecting an establishment of religion.” The high court found that the law had no secular purpose but served a plainly #religious purpose.

    #ChurchAndState #Evangelism

  19. kosu.org/local-news/2025-06-06

    Another reminder that #Oklahoma AG #GenterDrummond is a racist who does not respect the many sacrifices that Afghan people made in support of US operations in Afghanistan.

    The Afghan refugees are here in moat cases because they or their family members supported the US operations against the Taliban, but of course dishonorable people like Gentner Drummond seem to forget this, or else doesn't care.

    While I appreciate Drummond's defense of the #EstablishmentClause in Oklahoma, I do not respect his unapologetic racism. We cannot let him (or neo-fascist #RyanWalters become our next governor)

    #Racism #Immigration #Refugees #Afghanistan

  20. kosu.org/local-news/2025-06-06

    Another reminder that #Oklahoma AG #GenterDrummond is a racist who does not respect the many sacrifices that Afghan people made in support of US operations in Afghanistan.

    The Afghan refugees are here in moat cases because they or their family members supported the US operations against the Taliban, but of course dishonorable people like Gentner Drummond seem to forget this, or else doesn't care.

    While I appreciate Drummond's defense of the #EstablishmentClause in Oklahoma, I do not respect his unapologetic racism. We cannot let him (or neo-fascist #RyanWalters become our next governor)

    #Racism #Immigration #Refugees #Afghanistan

  21. …Casey was the most important case of the 1991-92 term, but there were other impressive Souter successes. He, Kennedy & O'Connor also came together, again joined by Blackmun & Stevens, in a crucial #EstablishmentClause case, Lee v. Weisman, where they struck down the recital of #religious prayers at #PublicSchool graduation ceremonies.

    #DavidSouter #SCOTUS #law #Constitution #judiciary #JudicialIndependence #ethics

  22. …Casey was the most important case of the 1991-92 term, but there were other impressive Souter successes. He, Kennedy & O'Connor also came together, again joined by Blackmun & Stevens, in a crucial #EstablishmentClause case, Lee v. Weisman, where they struck down the recital of #religious prayers at #PublicSchool graduation ceremonies.

    #DavidSouter #SCOTUS #law #Constitution #judiciary #JudicialIndependence #ethics

  23. The #EstablishmentClause and #Progressive Ideology: Balancing Policy Goals and #Constitutional Safeguards

    18 Pages Posted: 30 Apr 2025 Last revised: 29 Apr 2025
    Walter E. Burke

    This paper examines whether institutional enforcement mechanisms associated with modern progressive ideology risk violating the Establishment Clause of the #FirstAmendment by privileging specific ideological frameworks.

    papers.ssrn.com/sol3/papers.cf
    papers.ssrn.com/sol3/Delivery.

  24. The #EstablishmentClause and #Progressive Ideology: Balancing Policy Goals and #Constitutional Safeguards

    18 Pages Posted: 30 Apr 2025 Last revised: 29 Apr 2025
    Walter E. Burke

    This paper examines whether institutional enforcement mechanisms associated with modern progressive ideology risk violating the Establishment Clause of the #FirstAmendment by privileging specific ideological frameworks.

    papers.ssrn.com/sol3/papers.cf
    papers.ssrn.com/sol3/Delivery.

  25. I grew up in religious day school and sent our kids to (a different) religious day school—I know as well as anybody how expensive it is to be #Jewish and raise Jewish kids. We need to fix that.

    Wanna know was ISN'T the answer?

    Federal funding for religious schools

    The destruction of the #EstablishmentClause, and the revisionist transformation of the #FreeExerciseClause from shield to sword will destroy the broadly accepted status quo in this country. Every kid gets a free #education if they like; or, if they prefer, they may choose non-public options at their own cost. That way I don't have to subsidize (well, directly at least) some kid's Catholic school, and they don't have to subsidize my kids' Jewish day school.

    What made this country so attractive for my ancestors (and those of tens of millions of others) was precisely the promise that the US wouldn't treat us differently based on our religion. Lose that, and you lose the essence of this nation.

    nytimes.com/2025/04/30/us/poli