- Jan 2022
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mmcr.education mmcr.education
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public FIs
what are public FI's?
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I'll bring you a little bit further, we're entitled to take certain prophylactic measures to make sure that you don't use the money for religious activity.
Justice Kagan states that the government can use certain measures to make sure that the school does not use the funding for religious activity, but if the school has to fill out paperwork showing that the money was used for the resurfacing of the playground, isn't that a way that the government makes sure that the school is using the funding for the correct reasons?
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in my last hypothetical about earthquake safety, any problem there with giving the money to a church and spending extra money for the cross in the window? It's all -- it's for public safety.
I feel like this statement from justice Kennedy makes me believe that he is for the funding for the playground because he makes the point about public safety and isn't this playground being built so that kids can be more safe when they play outside?
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Are all of these questions really ones that verge onto the Establishment Clause;
What is the Establishment Clause and does every argument about funding going to religious schools have to be litigated? I ask this because I feel like, as stated in this case, doesn't the government fund things like fire extinguishers, fire alarms etc? So what is the difference between that kind of stuff and a playground?
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Isn't it the consequence of your argument that the church can use the playground for more religious activities if the public school can use the playground for other non-playground activities?
I believe that Justice Roberts, Jr. Is making a point against the church receiving the funding because he is saying that if public schools can use their playgrounds for other activities, then can't religious schools use their playgrounds for other activities as well?
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Well, it doesn't really -- it's separate from the religious instruction that might be carried out over those computers.
This makes me believe that Justice Kagan is for the funding of the playground because she is making the comparison that religious schools are able to get funding for technology if it is not for religious teachings.
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Well, how about if the school does a prayer before the children start playing?
If the funding is granted for the playground, then couldn't children just have the option to not participate in a prayer before recess begins? That way, no religion is forced on any children and they have the option to not partake.
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this Court said in no uncertain terms what the Framers didn't want was tax money imposed to pay for building or maintaining churches or church property.
I believe that because Justice Ginsburg is quoting an old court case claiming that the framers never wanted tax money to be used for religious purposes that this is a point in the case where I believe the church will lose in the court case.
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