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Education Law

: Edjurist

Nice Religion Test Case

By Justin Bathon

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Mark Walsh at the School Law Blog has tipped us off to a really nice test case for church/state issues. A school in the Dallas area has painted "In God We Trust" on the wall of a public school gymnasium. Picture. News report (video). The Texas Education Code permits the display of the national motto:

Sec. 1.004. DISPLAY OF NATIONAL MOTTO. A public elementary
or secondary school or an institution of higher education as
defined by Section 61.003 may display the United States national
motto, "In God We Trust," in each classroom, auditorium, and
cafeteria.

This could make a really nice test case for church/state issues if the parties decide to bring the lawsuit (don't be surprised to see the ACLU or someone else get involved in this). The "In God We Trust" language has been challenged unsuccessfully in the past concerning its usage on money, but those lawsuits did not involve the motto being painted in large letters in a public school. The audaciousness of this example will make it harder for judges to fall back on the "it doesn't really do any harm" position. They would probably be forced into a position of claiming that the national motto is not religious, it is historical, which very well may win the day (although the motto is not as historical as you might think). But, it would be an interesting test case to be sure. My feeling is that we might be hearing a lot more about this case in the future.

Full post as published by Edjurist on April 03, 2008 (boomark / email).