The Bible in the Park: Federal District Courts, Religious Speech, and the Public Forum

Notes

NOTES PREFACE 1. The case population was compiled through several LEXIS searches, the most notable of which used the search term “relig!” limited by “public forum” in the federal district court file for all available dates. That specific search returned 446 cases, ranging in dates from February 1973 to May 2001. The cases were reviewed , and two types of cases were chosen for analysis: those in which litigants sought to place their religious speech in the public forum, and those cases in which litigants sought to keep religious speech out of the public forum. 2. Travis v. Owego-Apalachin School, 1990 U.S. Dist. LEXIS 8492, at *21 (N.D. New York, 1990). 3. Joel B. Grossman, Herbert M. Kritzer, Kristin Bumiller, Austin Sarat, and Stephen McDougal, “Dimensions of Institutional Participation : Who Uses the Courts, and How?” The Journal of Politics 44 (February 1982): 86–114. 4. Ibid., 87. 5. Ibid., 89. 6. Richard E. Morgan, The Politics of Religious Conflict: Church and State in America (New York: Pegasus, 1968), 19. 7. See also Allen Hertzke, Representing God in Washington: The Role of Religious Lobbies in the American Polity (Knoxville: University of Tennessee Press, 1988). 8. For a good discussion of political science literature on this point, see Geoffrey C. Layman and Edward G. Carmines, “Cultural Conflict in American Politics: Religious Traditionalism, Post248 materialism, and U.S. Political Behavior,” The Journal of Politics 59 (August 1997): 751–77. 9. Gregg Ivers, “Organized Religion and the Supreme Court,” Journal of Church and State 32 (Autumn 1990): 775–94. 10. Frank Way and Barbara Burt, “Religious Marginality and the Free Exercise Clause,” American Political Science Review 77 (1983): 652–65. 11. Grayned v. City of Rockford, 408 U.S. 124 (1972). 12. See notably J. Woodford Howard, Courts of Appeals in the Federal Judicial System: A Study of the Second, Fifth, and District of Columbia Circuits (Princeton, N.J.: Princeton University Press, 1981). See also C. K. Rowland and Robert A. Carp, Politics and Judgment in Federal District Courts (Lawrence: University Press of Kansas, 1996), 58–87. 13. See John C. Blakeman and Don M. Greco, “Federal District Court Decision Making in Public Forum and Religious Speech Cases, 1973–2001,” Journal For the Scientific Study of Religion 43, no. 3 (2004): 437–47. CHAPTER 1 1. The U.S. Census by law cannot collect information on religious membership or denominational affiliation. However, the Glenmary Research Center does maintain a religious census. See Dale E. Jones, Sherry Doty, James E. Horsch, Richard Houseal, Mac Lynn, John P. Marcum, Kenneth M. Sanchagrin, and Richard Taylor, Religious Congregations and Membership in the United States 2000: An Enumeration by Region, State, and County Based on Data Reported by 149 Religious Bodies (Nashville, Tenn.: Glenmary Research Center, 2002). The figures for Wood County, Wisconsin, are from page 513 of the bound volume. It is also important to note that Marshfield straddles both Wood County and Marathon Notes 249 County. Approximately eighteen thousand of Marshfield’s residents live in Wood County, and eight hundred live in Marathon County. 2. Freedom From Religion Foundation, Inc. and Clarence Reinders v. City of Marshfield and Henry Praschak Memorial Fund, Inc., 203 F.3d 487 (7th Circ. 2000), 489–90. 3. Ibid., 495, emphasis added. 4. Ibid., 497. 5. Quoted in Jonathan Gneiser, “Religious Debates Stir: Public Grounds No Place for Church Items, Say Critics,” Central Wisconsin Sunday, Sunday, November 2, 2003. 6. 515 U.S. 753, 760 (1995). 7. 505 672, 696 (1992). 8. Trinity United Methodist Parish et al. v. Board of Education of the City School District of the City of Newburgh, 907 F. Supp. 707, 711 (S.D. New York, 1995). 9. Sister Mary Reilly et al. v. Noel, 384 F. Supp. 741 (1974). 10. Hague v. CIO, 307 U.S. 496 (1939). 11. ISKCON v. Evans, 440 F. Supp. 414 (1977); ISKCON v. Bowen, 456 F. Supp. 437 (1978). 12. ISKCON v. Wolke, 453 F. Supp. 869 (1978); Fernandes v. Limmer 465 F. Supp. 493 (1979). 13. See ISKCON v. Lee, 505 U.S. 682 (1992) and Heffron v. ISKCON, 452 U.S. 640 (1981). 14. C. H. v. Oliva et al., Medford Township Board of Education; New Jersey Department of Education, 990 F. Supp. 341 (1997). 15. Gilbert A. Holmes, “Student Religious Expression in School: Is It Religion or Speech, and Does It Matter?” University of Miami Law Review (Winter 1994): 378–79. 16. Martha McCarthy, “Religion and Education: Whither the Establishment Clause?” Indiana Law Journal...