Wednesday, May 31, 2023

Zorach Questions and Hypos

 The Court says that the 1A "studiously defines the manner, the specific ways, in which" Church and State shall be kept separate. Where is that studious and specific list? Does the 1A even mention the idea of separation of church and state?

Now consider four different "time release" programs plus one more example of accommodation.

1. The one in Zorach, in which students (whose parents request) are released from one class per week to attend a religious program of their choice.

2. A Jewish student is granted an excused absence to observe Yom Kippur or a similar holy day.

3. A Catholic student's parents request that he or she be excused from a "mandatory assembly" on "safe sex" and STDs.

4. During Ramadan, a holy month of fasting and prayer for Muslims, NYC public schools release Muslim students from classes for 10 minutes per day and allow them to go to an empty classroom for communal prayer.

5. Recently, NYC public schools installed "foot baths" in rest rooms to accommodate Muslim students who need to wash their feet before prayer during Ramadan. Does this violate the EC?

Do any of these excusals violate the EC? Should they be struck down? Are any of them required by the Free Exercise Clause?

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