BLAW 3230 Chapter 12
filed a lawsuit and won
A Catholic, New Jersey high school football coach resigned after being told that he could not lead the team in prayer prior to games or team dinners anymore and he later ______________ at the district court level.
state actor
A ______________ is a body or action that is considered acting on behalf of the government thereby raising constitutional issues and rights.
invalid
A statute is ______________ if it creates a perception in the mind of a reasonable observer that the government is either endorsing or disapproving of religion.
1. the primary purpose of a statute is secular 2. its principal or primary effect neither advances nor inhibits religion 3. it must not foster an excessive entanglement with religion
A statute is only acceptable if:
a. Endorsement test b. County of Allegheny v. American Civil Liberties Union (1989)
According to the ______________ , the government cannot endorse, favor, promote, or prefer any religious belief or practice in ______________ .
a. coercion test b. Lee v. Weisman (1992)
According to the ______________ in ______________ , the government may not coerce anyone to support or participate in religion or its exercises.
a. Tim Tebow's b. eye black messages
After ______________ departure to the NFL as a first-round draft choice in 2010, the NCAA changed its rules to prevent ______________ entirely containing no words, logos, numbers or other symbols.
Equal Protection clause
Although the First Amendment expressly limits only congressional action, individual states through the application of the Fourteenth Amendment's ______________ must also preserve the freedom of religion established in the Bill of Rights.
a. sports practice and competition b. religious exercises conducted at the high school graduation ceremony
At the interscholastic (high school) level, there are two areas that dominate the discussion of religion: ______________ , and ______________ .
endorse religion
Attempts to hold public prayer have been opposed because the Constitution limits state action which might ______________ .
compelled patriotism
Claiming that it was an act of ______________ , Campeau-Laurion, who was a Red Sox fan, received a financial settlement and his legal fees.
a. Muslims b. fast in observation of religion
For devout ______________ , consuming food and drink during Ramadan is only acceptable before sunrise and after sunset, and athletes are allowed to ______________ .
Andrea Armstrong
Former University of South Florida (USF) women's basketball player ______________ , at that time a Muslim, wanted to wear clothes on the court during practice and games to comply with her religious beliefs.
a. US Air Force Academy b. remove it by Academy officials
In 2004, at the federally funded ______________ in Colorado Springs, a head football coach hung a banner in the locker room that displayed a poem by the Fellowship of Christian Athletes, but it was only up for a day before the coach was asked to ______________ .
a. New York Yankees b. thrown out
In 2009, the ______________ changed their policy and decided to allow spectators to go to the restroom while God Bless America was being sung after a federal lawsuit was filed by the New York Civil Liberties Union (NYCLU) and Queens resident Bradford Campeau-Laurion who was ______________ of the stadium in 2009 after leaving his seat to go to the bathroom.
a. New York Jets b. Yom Kippur
In 2009, the ______________ football team changed a game start time from 4:15 PM to 1 PM to accommodate fans observing ______________ which began at sundown that day.
a. Lemon test b. accommodate the preference of some at the expense of others
In ACLU v. Black Horse, the court held that graduation ceremonies are not public forums and, applying the ______________ , the court decided that the policy could not be justified because it sought to ______________ and thereby crossed the required line of neutrality.
"heckler's veto"
In Elk Grove v. Newdow, Chief Justice Rehnquist characterized Newdow's claim as a ______________ and that though the Pledge of Allegiance contains the phrase "under God" to declare it as a violation of the Establishment clause would have the unfortunate effect of prohibiting a commendable patriotic observance.
a. voluntary b. teacher-led
In Engel v. Vitale, the Court held that students can engage in ______________ prayer activities on state property, however, but the ______________ prayer was considered to be directed by the government and therefore deemed unconstitutional.
religious
In Wallace v. Jaffree, the Court found that the state statute was motivated entirely by a ______________ purpose-to encourage prayer in schools-and therefore unconstitutional.
Doe v. Duncanville Independent School District (1995)
In ______________ , a Fifth Circuit court held that a coach cannot lead prayers before and after games.
Newdow v. United States Congress (2003)
In ______________ , a divided Ninth Circuit Court of Appeals determined the 1954 insertion by Congress of the phrase "under God" into the Pledge of Allegiance violated the First Amendment's Establishment Clause.
a. Menora v. Illinois High School Association (1982) b. undue burden
In ______________ , a few orthodox Jewish players desired to wear a yarmulke during basketball games and in the end, they failed to prove their religious practices were subject to an ______________ , and yarmulkes remained banned from high school basketball.
a. Borden v. School District of the Twp. of E. Brunswick (2008) b. reasonable observer c. government endorsement of religion
In ______________ , a previous case was reversed by the Third Circuit Court of Appeals and the court held that because the community knew he led the team in prayer for twenty-three seasons, a ______________ would perceive the display as a ______________ (a violation of the Establishment clause).
a. Adler v. Duval County School Board (1994-2001, I-IV) b. okay (even if it is religious) c. the students
In ______________ , in never-ending litigation, the Eleventh Circuit Court of Appeals held that a student's message at Jacksonville High School graduation was ______________ because ______________ make the choice, not school officials.
Engel v. Vitale (1962)
In ______________ , the Court held that New York state officials may not mandate that a prayer be recited at the beginning of each school day, even if the prayer is denominationally neutral and student participation is optional.
a. Lemon v. Kurtzman (1971) b. secular legislative purpose
In ______________ , the Court said that a total separation between church and state is not required, but a lower court must invalidate a state statute if it lacks a ______________ .
a. Jones v. Clear Creek Independent School District (1992) b. student-led prayer
In ______________ , the Fifth Circuit Court of Appeals held that ______________ at high school graduation is acceptance.
a. Santa Fe Independent School District v. Doe (2000) b. Establishment clause
In ______________ , the Supreme Court held that prayer in a public school over a loudspeaker before each varsity home game violated the ______________ , even if led by a predetermined student, the student council chaplain.
Wallace v. Jaffree (1985)
In ______________ , the Supreme Court struck down an amendment to an Alabama statute adding "or voluntary prayer" authorizing a period of silence for meditation in the Alabama public schools.
a. ACLU of NJ v. Black Horse Pike Regional Board of Education (1996) b. "prayer, a moment of reflection, or nothing at all"
In ______________ , the Third Circuit Court of Appeals struck down a school board policy that allowed the high school senior class officers to conduct a poll of the graduating class to determine whether seniors wanted ______________ to be included in their graduation ceremonies.
a. Chaudhun v. State of Tennessee (1997) b. dignifying c. memorializing d. advance e. inhibit
In ______________ , the district court dismissed the claims, and the Sixth Circuit Court of Appeals upheld saying that generic prayers have a secular purpose of ______________ or ______________ a public event, that they do not entangle church and state, and that they do not impermissibly ______________ or ______________ religion.
a. Lassonde v. Pleasanton Unified School District (2003) b. referenced the Bible
In ______________ , the plaintiff-student was invited to deliver a speech at his high school graduation ceremony, but his principal, after consultation with legal counsel, disallowed the various passages in the speech that ______________ , since he was advised that would violate the Establishment clause of both the US and the California Constitutions.
a. Clear Creek rule (Clear Creek Prayer Policy) b. sporting events
In later cases the Fifth Circuit made it clear that the ______________ applied only to high school graduations and that school-encouraged prayer was constitutionally impermissive at school-related ______________ .
a. Title VII b. religious practices c. undue hardship
In the employment setting, ______________ of the Civil Rights Act of 1964 requires an employer to reasonably accommodate the ______________ of an employee or prospective employee unless doing so would create an ______________ for the employer.
a. team chaplain b. volunteer c. religious group or beliefs d. faiths
Iowa State University's President, Gregory L. Geoffroy, supported creating the new position of ______________ , but insisted that the new position had to be a ______________ , could not promote any particular ______________ , and had to be committed to working with people of a variety of ______________ .
tradition in US society
It is a widely held ______________ that a prayer of some sort is said at high school and college graduation ceremonies.
publicly
Many arenas and stadiums on college campuses are ______________ funded.
a. baseball b. religious holidays
Particularly in ______________ , Jewish athletes and fans have made headlines for observing ______________ .
a. Establishment clause b. mandatory
Prayer at a public school ceremony such as graduation violates the ______________ when state officials (e.g., a school principal or teacher) control the religious exercise and make attendance and participation ______________ .
graduation is a one-time event
Pregame and postgame prayers are different than high school graduation prayers because ______________ .
Fourteenth Amendment
Section 1 of the ______________ states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
a. 9/11 b. seventh-inning stretch c. Take Me Out to the Ball Game
Since ______________ , God Bless America has commonly been sung during the ______________ in MLB games upon the request of MLB Commissioner Bud Selig, who supported using it instead of ______________ .
team prayers
Some say that ______________ constitute freedom of speech as opposed to religion.
Volunteer Life Skills Assistants
Team chaplains are also called ______________ .
a. BYU Rule b. prior to any competition scheduled on a Sunday
The NCAA has for decades attempted to accommodate BYU (and other institutions) in what has become known as the ______________ by allowing athletes to compete ______________ .
a. its original form b. unconstitutional
The Ninth Circuit affirmed the decision and held that presentation of the speech in ______________ would have amounted to a coerced participation in a religious practice and therefore Lassonde's speech was ______________ .
a. Elk Grove Unified School District v. Newdow (2004) b. standing
The Supreme Court ruled in ______________ , a unanimous decision which reversed the lower-court, that Newdow could not challenge the Pledge of Allegiance and held that Newdow lacked ______________ .
Free Exercise clause
The ______________ guarantees the individual the right to practice his or her religion.
First Amendment
The ______________ is a constitutional amendment providing for freedom of the press, freedom of assembly, and freedom of religion.
Endorsement test
The ______________ is a legal standard in which a court considers whether the government intends to communicate, and whether an imaginary "reasonable observer" would receive , a message of "endorsement" of a particular religion and/or an act of disapproval toward any other religion.
Lemon test
The ______________ is a test of constitutionally providing that an act of government must (1) be primarily secular in purpose, (2) neither advance nor inhibit religion, and (3) avoid excessive entanglement with religion.
Coercion test
The ______________ is the examination of a religious practice to determine whether pressure is applied to force or coerce individuals to participate.
Establishment clause
The ______________ prohibits the government from establishing religion.
a. Lemon test b. excessive entangle
The ______________ springs from a court case in which the US Supreme Court coined the phrase ______________ between the government and religion.
Free Exercise clause
The ______________ states "...or prohibiting the free exercise thereof..."
Establishment clause
The ______________ states that "Congress shall make no law respecting an establishment of religion."
First Amendment to the US Constitution
The ______________ states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Seventh Circuit Court of Appeals
The decision in Newdow v. US Congress, resulting from the claim by Michael Newdow who is an atheist, conflicted with an earlier decision by the ______________ which found no such constitutional violation in Sherman v. Comm. Consolidated School District 21 of Wheeling Township (1992).
freedom of speech
The protections of ______________ are limited in part by the Establishment clause.
influence their religious beliefs
There is some concern about adults (teachers, coaches, principals, administrators) who might use their position of authority over minors to ______________ .
a. state action b. public stadiums
There usually is not ______________ involved in a professional sports contest, though there have been attempts to demonstrate state action based upon use of ______________ by professional sports teams.
a. long pants b. a top with long sleeves c. a scarf
USF asked the NCAA for an exemption to its uniform policy in order to allow her to wear ______________ , ______________ , and ______________ during games, and a few days after her leaving, she was told she could indeed wear the clothing.
elevation of love for our country over love for God
When Goshen College, a small Christian college, decided to play the Star Spangled Banner at a sporting event for the first time, the Indiana School took issue with the national anthem and its apparent ______________ .
a. Brigham Young University (BYU) b. Sunday competition
______________ , a Mormon institution sponsored by the Church of Jesus Christ of Latter-Day Saints, maintains a policy against ______________ in accordance with its religious philosophy.
a. The Star Spangled Banner b. refusing to stand c. turning their backs on the flag
______________ , the national anthem since 1931, has caused some controversy at sporting events, including athletes ______________ when the song is played and ______________ .
Certiorari
______________ is a discretionary writ (order) issued, usually by a Supreme Court, telling a lower court that the case will be reviewed by the higher court.