Lemon v. Kurtzman, 403 U.S. 602 (1971), was a case argued before the Supreme Court of the United States. The court ruled in an 8–0 decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act from 1968 was unconstitutional and in an 8–1 decision that Rhode Island's 1969 Salary Supplement Act was unconstitutional, violating the Establishment Clause of the First Amendment. The act allowed the Superintendent of Public Schools to reimburse private schools for the salaries of teachers who taught in these private elementary schools from public textbooks and with public instructional materials. Lemon was a major precedent in federal and local courts until it was effectively overturned by Kennedy v. Bremerton School District in 2022.
Wallace v. Jaffree, 472 U.S. 38 (1985), was a United States Supreme Court case deciding on the issue of silent school prayer.
Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004), was a case decided by the U.S. Supreme Court. The lawsuit, originally filed as Newdow v. United States Congress, Elk Grove Unified School District, et al. in 2000, led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of religion and therefore violate the Establishment Clause of the First Amendment to the United States Constitution. The words had been added by a 1954 act of Congress that changed the phrase "one nation indivisible" into "one nation under God, indivisible". After an initial decision striking the congressionally added "under God", the superseding opinion on denial of rehearing en banc was more limited, holding that compelled recitation of the language by school teachers to students was invalid.
Lee v. Weisman, 505 U.S. 577 (1992), was a United States Supreme Court decision regarding school prayer. It was the first major school prayer case decided by the Rehnquist Court. It held that schools may not sponsor clerics to conduct even non-denominational prayer. The Court followed a broad interpretation of the Establishment Clause that had been standard for decades at the nation's highest court, a reaffirmation of the principles of such landmark cases as Engel v. Vitale and Abington v. Schempp.
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text is:
Congress shall make no law respecting an establishment of religion...
McCreary County v. American Civil Liberties Union of Kentucky, 545 U.S. 844 (2005), was a case argued before the Supreme Court of the United States on March 2, 2005. At issue was whether the Court should continue to inquire into the purpose behind a religious display and whether evaluation of the government's claim of secular purpose for the religious displays may take evolution into account under an Establishment Clause of the First Amendment analysis.
Van Orden v. Perry, 545 U.S. 677 (2005), was a United States Supreme Court case involving whether a display of the Ten Commandments on a monument given to the government at the Texas State Capitol in Austin violated the Establishment Clause of the First Amendment.
Ceremonial deism is a legal term used in the United States to designate governmental religious references and practices deemed to be mere ritual and non-religious through long customary usage. Proposed examples of ceremonial deism include the reference to God introduced into the Pledge of Allegiance in 1954, the phrase "In God We Trust" on U.S. currency, and the Ohio state motto, "With God, all things are possible".
American Civil Liberties Union of New Jersey v. Schundler, 168 F.3d 92, is a United States federal case establishing standards for a government-sponsored holiday display to contain religious symbols. It was decided by the Court of Appeals for the Third Circuit on February 16, 1999.
County of Allegheny v. American Civil Liberties Union, 492 U.S. 573 (1989), was a United States Supreme Court case in which the Court considered the constitutionality of two recurring Christmas and Hanukkah holiday displays located on public property in downtown Pittsburgh. The first, a nativity scene (crèche), was placed on the grand staircase of the Allegheny County Courthouse. The second of the holiday display in question was an 18-foot (5.5 m) public Hanukkah menorah, which was placed just outside the City-County Building next to the city's 45-foot (14 m) decorated Christmas tree and a sign saluting liberty. The legality of the Christmas tree display was not considered in this case.
The endorsement test proposed by United States Supreme Court Justice Sandra Day O'Connor in the 1984 case of Lynch v. Donnelly asks whether a particular government action amounts to an endorsement of religion, thus violating the Establishment Clause of the First Amendment. According to the test, a government action is invalid if it creates a perception in the mind of a reasonable observer that the government is either endorsing or disapproving of religion.
Rosenberger v. Rector and Visitors of the University of Virginia, 515 U.S. 819 (1995), was an opinion by the Supreme Court of the United States regarding whether a state university might, consistent with the First Amendment, withhold from student religious publications funding provided to similar secular student publications. The University of Virginia provided funding to every student organization that met funding-eligibility criteria, which Wide Awake, the student religious publication, fulfilled. The university's defense claimed that denying student activity funding of the religious magazine was necessary to avoid the University's violating the Establishment Clause of the First Amendment.
In Stone v. Graham, 449 U.S. 39 (1980), the Supreme Court of the United States ruled that a Kentucky statute was unconstitutional and in violation of the Establishment Clause of the First Amendment, because it lacked a nonreligious, legislative purpose. The statute required the posting of a copy of the Ten Commandments on the wall of each public classroom in the state. The copies of the Ten Commandments were purchased with private funding, but the Court ruled that because they were being placed in public classrooms they were in violation of the First Amendment.
Texas Monthly v. Bullock, 489 U.S. 1 (1989), was a case brought before the US Supreme Court in November 1988. The case was to test the legality of a Texas statute that exempted religious publications from paying state sales tax.
Summers v. Adams, 669 F. Supp. 2d 637, was a case where the United States District Court for the District of South Carolina ruled that South Carolina's "I Believe" Act was unconstitutional for violating the Establishment Clause of the First Amendment to the United States Constitution. The law authorized the state's Department of Motor Vehicles to create a license plate that had to contain "the words 'I Believe' and a cross superimposed on a stained glass window."
Capitol Square Review & Advisory Board v. Pinette, 515 U.S. 753 (1995), is a United States Supreme Court case that focused on First Amendment rights and the Establishment Clause. Vincent Pinette, an active member of the Ku Klux Klan in Columbus, Ohio, wanted to place an unattended cross on the lawn of the Capitol Square during the 1993 Christmas season. Pinette and his fellow members of the KKK submitted their request. The advisory board originally denied this request. However, Pinette and the other members of the Ohio Chapter of the Klan fought this decision in the United States District Court for the Southern District of Ohio. The court found in favor of the Klan and the Advisory Board issued the permit. The Board appealed to the United States Court of Appeals, which affirmed the decision of the district court. The board made one last petition to the Supreme Court where the decision was made, by a vote of seven to two, that the Klan was permitted to display the cross at the public forum.
Board of Trustees of Scarsdale v. McCreary, 471 U.S. 83 (1985), was a United States Supreme Court case in which an evenly split Court upheld per curiam a lower court's decision that the display of a privately sponsored nativity scene on public property does not violate the Establishment Clause of the First Amendment.
American Legion v. American Humanist Association, 588 U.S. ___ (2019), was a United States Supreme Court case dealing with the separation of church and state related to maintaining the Peace Cross, a World War I memorial shaped after a Latin cross, on government-owned land, though initially built in 1925 with private funds on private lands. The case was a consolidation of two petitions to the court, that of The American Legion who built the cross, and of the Maryland-National Capital Park and Planning Commission who own the land and maintain the memorial. Both petitions challenged the Fourth Circuit's ruling that, regardless of the secular purpose the cross was built for in honoring the deceased soldiers, the cross emboldened a religious symbol and had ordered it altered or razed. The Supreme Court reversed the Fourth Circuit's ruling in a 7–2 decision, determining that since the Cross had stood for decades without controversy, it did not violate the Establishment Clause and could remain standing.
Corporation of Presiding Bishop v. Amos, 483 U.S. 327 (1987), is a United States Supreme Court case in which the court decided that the exemption of religious organizations from the prohibition of religious discrimination in employment in Title VII of the Civil Rights Act is constitutional. Appellee Arthur Frank Mayson worked for 16 years in an organization operated by the Church of Jesus Christ of Latter-day Saints. He was terminated from employment when he "failed to qualify for a temple recommend, that is, a certificate that he is a member of the Church and eligible to attend its temples." He filed suit in district court, arguing that his firing violated discrimination on the basis of religion in Title VII of the Civil Rights Act. The district court agreed. The case was appealed directly to the Supreme Court. The Supreme Court reversed, holding that Title VII's exemption of religious organizations from the prohibition on religious discrimination, even in secular activities, did not violate the First Amendment.
Kennedy v. Bremerton School District, 597 U.S. ___ (2022), is a landmark decision by the United States Supreme Court in which the Court held, 6–3, that the government, while following the Establishment Clause, may not suppress an individual from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment.
