Citation : Croft Vs. Governor Of Texas Essay

1339 Words Dec 25th, 2016 6 Pages
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 added the minute of silence endorsement prayer and was a direct violation of the First Amendment 's Establishment Clause. The statute specifies the minute of silence is a time for students to "reflect, pray, meditate, or engage in any other silent activity that does not interfere or distract another student." The couple filed an amicus brief to the Court of Appeals for the Fifth Circuit. The three elements of the Lemon Test were applied and the Court found no excessive entanglement. The primary effect of the Statute did not advance religion nor violate the Establishment Clause. The Court of Appeals rejected the couple 's claim and upheld the statute.

Procedural History: Plaintiffs, David and Shannon Croft, parents and friends…

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