Constitutional Law. First Amendment. Establishment Clause. Sixth Circuit Holds That Opening School Board Meetings with a Prayer Is an Establishment of Religion. Coles Ex Rel. Coles v. Cleveland Board of Education, 171 F.3d 369 (6th Cir. 1999), Reh'g Denied, 183 F.3d 538

2000 ◽  
Vol 113 (5) ◽  
pp. 1240 ◽  
2021 ◽  
pp. 262-277
Author(s):  
Candy Gunther Brown

This chapter examines yoga as a spiritual and a social practice. It considers three institutional contexts for interpreting yoga spirituality: religion, law, and education. Social institutions such as public schools and courts of law must arbitrate interpretive contests by formulating and applying definitions for the purposes of educational policy and legal precedent. In making such determinations, it would be naive to accept all assertions of identity and meaning as full disclosures. Sometimes the same people describe the same practice as “spiritual” or “secular,” depending upon whether the legal context is First Amendment religious free exercise clause protection or establishment clause restriction. Decisions about how to categorize practices rest in large part on pragmatic concerns. This case study invites scholars of spirituality to pay closer attention to how legal and social contexts shape how people think and talk about practices in relation to the interpretive categories of “spirituality,” “religion,” and “secularity.”


Author(s):  
Winnifred Fallers Sullivan

This chapter considers the remarkable diversity of American religion from the beginning: the constitutionalizing of religion, the reasons for delayed implementation of the First Amendment religion clauses, the evolution of free exercise and establishment clause doctrine, and the ongoing difficulty of defining religion for US law. What makes US regulation of religion stand out among national legal orders is the dual commitment to federalism and to disestablishment. With a low ‘statism’ and a strong commitment to equality—theological, as well as political—academic expertise has little purchase on the national mind. Religion is what the people say it is. That is a very old story in the US.


Worldview ◽  
1979 ◽  
Vol 22 (9) ◽  
pp. 46-53
Author(s):  
Harold J. Berman

When the word "law" is juxtaposed with the word "religion," an American lawyer today is apt to think immediately of the First Amendment to the United States Constitution with its double protection against any governmental interference in "the free exercise" of religion on the one hand and against any governmental "establishment" of religion on the other. From the standpoint of contemporary American constitutional law, religion has become the personal and private affair of individual citizens or groups of citizens. Indeed, in recent decades our courts, in interpreting the "free exercise" clause, have gone far toward immunizing individual and group activities from governmental control, whether federal or state, whenever they are considered by the persons engaging in them to be of a religious character; and at the same time, under the "establishment" clause the courts have struck down most forms even of indirect governmental support of religion, whether federal or state.


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