School Law Bulletin [serial] 14, 3 (July 1983)

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588; Colo v. Treasurer, 398 Mass. 550. Despite ligious content, such practices generally are upheld as secular- ceremonial and sapped of their devotional content over the course 49 U.S. 39(1981).
the posting of the Ten Commandments in classrooms.
The Court struck the statute down under the establish- ment clause, explaining that the first four command- ments (dealing with duties toward God) make the Ten Commandments a sacred text.
Determining whether a particular symbol is "reli- gious" can be
...a vexing challenge for a school official.
For example, in Florey v. Sioux Falls Schools District 49-5 ^ the United States Court of Appeals for the Eighth Circuit upheld a school board policy that permit- ted the use of religious symbols like crosses, menorahs, crescents. Stars of David, creches, and symbols of Na- tive American religions— "provided such symbols are displayed as an example of the cultural ana religious heritage of the holiday and are temporary in nature." The court explained its decision within the framework of the three-part test.


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