Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Thursday, October 20, 2011

Third Circuit holds Delaware school board’s policy of opening meetings with a prayer violates Establishment Clause

3dCir

Doe v. Indian River Sch. Dist., ___F.3d____ (3d Cir. Aug. 5, 2011), is an interesting case. The Third Circuit held that a Delaware school board’s policy of opening meetings with a prayer violates the First Amendment’s Establishment Clause. The panel concluded that the constitutional exception established in Marsh v. Chambers, 463 U.S. 783 (1983), for legislative bodies does not apply to school boards. Instead, it determined that ”the traditional Establishment Clause principles governing prayer in public schools” relying on Lee v. Weisman, 505 U.S. 577 (1992).

Mitchell H. Rubinstein

 

http://lawprofessors.typepad.com/adjunctprofs/2011/10/third-circuit-holds-delaware-school-boards-policy-of-opening-meetings-with-a-prayer-violates-establi.html

Constitutional Law, Education Law | Permalink

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