The Case: Town of Greece v. Galloway Description: The town of Greece, New York, is governed by a five-member town board that conducts official business at monthly public meetings. Starting in 1999, the town meetings began with a prayer given by an invited member of the local clergy. The town did not adopt any policy regarding who may lead the prayer or its content, but in practice, Christian clergy members delivered the vast majority of the prayers at the town's invitation. In 2007, Susan Galloway and Linda Stephens complained about the town's prayer practices, after which there was some increase in the denominations represented. In February 2008, Galloway and Stephens sued the town and John Auberger, in his official capacity as Town Supervisor, and argued that the town's practices violated the Establishment Clause of the First Amendment by preferring Christianity over other faiths. The district court found in favor of the town and held that the plaintiffs failed to present credible evidence that there was intentional seclusion of non-Christian faiths. The U.S. Court of Appeals for the Second Circuit reversed and held that the practices violated the Establishment Clause by showing a clear preference for Christian prayers. The Question Before the Court: 1) Does it violate the Establishment Clause of the First Amendment to start a city council meeting with a prayer, even if the city council does not discriminate in the prayers that are given? First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. DO NOT LOOK UP THE RULING OF THE CASE! YOU ARE MAKING YOUR OWN RULING. For Your Consideration as You Develop Your Opinion 1) Consider past PRECEDENTS. Develop Your Opinion Regarding the Question Before the Court 1) Write your opinion in the Town of Greece v. Galloway case. Make 2) Your opinion should state your answer to the question before the court AND your legal justification for that answer. 3) Once you write your opinion, explain which of the three judicial philosophies (textualism, originalism, living constitution) is most represented in your opinion Write your opinion below: ...
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