The Supreme Court also rejected the school's contention that its desire to avoid an establishment-clause violation warranted its exclusion of the club.
But there is an establishment clause in the first amendment, a provision that prohibits Congress from adopting laws "respecting an establishment of religion".
Rehnquist, an establishment clause "accommodationist," did not consider the monolith or the courthouse displays, for that matter any more an establishment of religion than the image on the frieze of the Supreme Court building that depicted Moses holding two tablets.
Either we start prohibiting government from endorsing obviously religious references in the public square or we accept these religious images along the lines of a reinterpreted Establishment Clause.
"That is a clear violation of the Establishment Clause as a state endorsement of the Christian religion," Nisenbaum wrote.
In 2012, the Quogue board of trustees ruled that constructing an eruv "would very likely constitute a violation of the establishment clause" of the Constitution, and denied the application.
In addition to being a violation of the establishment clause of the First Amendment, there is a good military reason for this prohibition.
The formal complaint (PDF) alleges that hosting a speaker as outspoken McClary is "a violation of the Establishment Clause of the First Amendment to the United States Constitution".
The effect of the MFN clause on customs duties is to amalgamate the successive trade agreements concluded by a state.
This practice, along with others, was challenged in District Court as a violation of the establishment clause of the First Amendment.
