Citation: Croft vs. Governor of Texas, 562 F.3d 735 (5th Cir. 2009).
Parties: David W. and Shannon K. Croft: Parents of minor Children - Plaintiffs / Appellants Governor of the State of Texas, Rick Perry - Defendant / Appellee
Facts: In 2006, David and Shannon Croft, parents and friends of three minor children, filed a suit alleging the Texas Pledge and Minute of Silence Statute was unconstitutional. Each morning, Texas public school students are mandated to pledge allegiance to the United States and Texas state flag and observe a minute of silence. The Crofts sued Governor Rick Perry on behalf of their children who attended the Carrolton-Farmers Branch Independent School District. The Crofts argue the 2003 amended statute …show more content…
The U. S. District Court for the Northern District of Texas granted summary judgment for Governor Perry. The Plaintiffs …show more content…
Croft vs. Governor of Texas, 562 F.3d 735 (5th Cir. 2009). Unless a student receives a written excuse by a parent/guardian, each student is required to recite the pledge of Allegiance to the U. S. and Texas state flags and observe a minute of silence. § 25.082.
The Crofts argued the State of Texas School Day; Pledges of Allegiance; Minute of Silence Statute is a direct violation of the First Amendment 's Establishment Clause. 562 at F.3d 735. The Supreme Court has determined the Lemon test, which is a three-part test to determine when a federal or state law violates the Establishment Clause and concluded for a law to comply with the Establishment Clause, it must (1) have a secular purpose; (2) have a predominantly secular effect; and (3) not foster “excessive entanglement” between government and religion. Lemon vs. Kurtzman, 403 U.S. 602
Parties: David W. and Shannon K. Croft: Parents of minor Children - Plaintiffs / Appellants Governor of the State of Texas, Rick Perry - Defendant / Appellee
Facts: In 2006, David and Shannon Croft, parents and friends of three minor children, filed a suit alleging the Texas Pledge and Minute of Silence Statute was unconstitutional. Each morning, Texas public school students are mandated to pledge allegiance to the United States and Texas state flag and observe a minute of silence. The Crofts sued Governor Rick Perry on behalf of their children who attended the Carrolton-Farmers Branch Independent School District. The Crofts argue the 2003 amended statute …show more content…
The U. S. District Court for the Northern District of Texas granted summary judgment for Governor Perry. The Plaintiffs …show more content…
Croft vs. Governor of Texas, 562 F.3d 735 (5th Cir. 2009). Unless a student receives a written excuse by a parent/guardian, each student is required to recite the pledge of Allegiance to the U. S. and Texas state flags and observe a minute of silence. § 25.082.
The Crofts argued the State of Texas School Day; Pledges of Allegiance; Minute of Silence Statute is a direct violation of the First Amendment 's Establishment Clause. 562 at F.3d 735. The Supreme Court has determined the Lemon test, which is a three-part test to determine when a federal or state law violates the Establishment Clause and concluded for a law to comply with the Establishment Clause, it must (1) have a secular purpose; (2) have a predominantly secular effect; and (3) not foster “excessive entanglement” between government and religion. Lemon vs. Kurtzman, 403 U.S. 602