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Ethics

: Dispatches from the Culture Wars

Challenge to SC Released Time Case Moves Forward

By Ed Brayton

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An important First Amendment case in South Carolina will go forward after a federal judge refused to dismiss the case, saying the plaintiffs "have stated a facially plausible Establishment Clause claim." The ruling is on Lexis, so I can't give a link to it, but this is an important case brought by the Freedom From Religion Foundation against the Spartanburg County School District.

The case involves an unusual released time program. I think all such programs are unconstitutional but the Supreme Court upheld them beginning in 1952 in a case called Zorach v Clauson. In that case the court upheld school policies allowing students to be released from school for religious instruction. I regard this as one of the worst rulings in the history of the court.

Read the rest of this post... | Read the comments on this post...

Full post as published by Dispatches from the Culture Wars on December 22, 2009 (boomark / email).

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