THE OKLAHOMA BAR JOURNAL 10 | APRIL 2025 Stone v. Graham, 449 U.S. 39 (1980) Religious observation: The state planned to place a copy of the Ten Commandments in every public classroom using private funds. Establishment Clause Unconstitutional Activist Separationist Reasoning: The act was religious in nature, and not all commandments are secular. The establishment clause was violated using the Lemon Test. Widmar v. Vincent, 454 U.S. 263 (1981) Religious practice: A state university denied a religious group the use of facilities for religious meetings. Freedoms of Speech and Association Unconstitutional Activist Neutralist Reasoning: Excluding religious speech is not necessary in order to comply with the establishment clause. Mueller v. Allen, 463 U.S. 388 (1983) Funding: A state income tax credit for education expenses was available to public and parochial school students. Establishment Clause Constitutional Restraintist Neutralist The court applied the Lemon Test. It also found the statute was neutral on its face. Wallace v. Jaffree, 472 U.S. 38 (1985) Religious practice: State law required one minute of silence in public schools for meditation or prayer. Establishment Clause Unconstitutional Activist Separationist The court applied the Lemon Test. Its reasoning: Legislative intent clearly intended the measure to return prayer to schools. Rehnquist Court, 1986 to 2005 Case Issue Basis Holding Stance Approach Note Edwards v. Aguillard, 482 U.S. 578 (1987) Religious practice: State law required public schools that teach evolution to teach creation science also. Establishment Clause Unconstitutional Activist Separationist The court applied the Lemon Test. Its reasoning: The court found that the law’s primary purpose was to endorse a particular religious doctrine. Lee v. Weisman, 505 U.S. 577 (1992) Religious practice: Clergy delivered prayer at a public school graduation. Establishment Clause Unconstitutional Activist Accommodationist Reasoning: The court found coercion to participate in prayer, which violates the establishment clause, even from an accommodationist approach. Zobrest v. Catalina Foothills Sch. Dist., 509 U.S. 1 (1993) Funding: A government-funded interpreter accompanied a deaf student to parochial school classes. Establishment Clause Constitutional Activist Neutralist Activist because it seems inconsistent with the ruling in Lemon. Neutralist because the government provided benefits without reference to religion. Rosenberger v. Rector and Visitors of Univ. of Virginia, 515 U.S. 819 (1995) Funding: State university assistance provided to secular groups was denied to a religious student group that published a campus magazine. Freedom of Speech; Establishment Clause Unconstitutional as to Speech; Constitutional as to Establishment Activist Neutralist Reasoning: Free speech must be promoted equally. Activist because of the shift from the earlier decision in Rust v. Sullivan, 500 U.S. 173 (1991). Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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