词条 | Smith v. Board of School Commissioners of Mobile County |
释义 |
|Litigants=Smith v. Board of School Commissioners of Mobile County |Court=United States Court of Appeals for the Eleventh Circuit |CourtSeal= |ArgueDate= |ArgueYear= |DecideDate=August 26, |DecideYear=1987 |FullName=Douglas T. Smith, et al v. Board of School Commissioners of Mobile County, et al |Citations=827 F.2d [https://openjurist.org/827/f2d/684 684] (11th Cir. 1987) 103 A.L.R.Fed. 517 56 USLW 2143 41 Ed. Law Rep. 452 |Prior=655 F. Supp. [https://scholar.google.com/scholar_case?case=14126325546019793048 939] (S.D. Ala. 1987) |Subsequent= |Holding= |Judges=Frank Minis Johnson, Thomas Alonzo Clark, Joe Eaton (S.D. Fla.) |Majority=Johnson |JoinMajority=Clark, Eaton |LawsApplied=First Amendment }} Smith v. Board of School Commissioners of Mobile County, 827 F.2d 684 (11th Cir. 1987)[1], was a lawsuit in which the United States Court of Appeals for the Eleventh Circuit held that the Mobile County Public School System could use textbooks which purportedly promoted "secular humanism", characterized by the complainants as a religion. Parents and other citizens brought a lawsuit against the school board, alleging that the school system was teaching the tenets of secular humanism, an anti-theistic religion. The complainants asked that forty-four different elementary through high school level textbooks be removed from the curriculum. After an initial ruling[2] in a federal district court in favor of the plaintiffs, the U.S. Court of Appeals for the Eleventh Circuit ruled[3] that as long as the school was motivated by a secular purpose, it didn't matter whether the curriculum and texts shared ideas held by one or more religious groups. The Court found that the texts in question promoted important secular values (tolerance, self-respect, logical decision making) and thus the use of the textbooks neither unconstitutionally advanced a nontheistic religion nor inhibited theistic religions. This case is occasionally and incorrectly cited as proving that 'secular humanism' is a religion. The text below shows the Circuit Court, in overturning the District Court decision, made no such finding. They both set aside the question as moot and offered that even if it were (and they weren't saying it is), the teaching of science is not invalidated purely because of its association with secular humanism. Excerpt below from the Circuit Court decision (cited earlier): {{quotation | The Supreme Court has never established a comprehensive test for determining the "delicate question" of what constitutes a religious belief for purposes of the first amendment, and we need not attempt to do so in this case, for we find that, even assuming that secular humanism is a religion for purposes of the establishment clause, Appellees have failed to prove a violation of the establishment clause through the use in the Alabama public schools of the textbooks at issue in this case.}}Books in questionThe textbooks in the case were divided by the plaintiffs into three categories: home economics books, history books and social studies books. These were:[2]
See also
References1. ^{{cite court |litigants=Smith v. Board of School Commissioners of Mobile County |vol=827 |reporter=F.2d |opinion=684 |pinpoint= |court=11th Cir. |date=1987 |url=https://openjurist.org/827/f2d/684 |accessdate=2017-09-05 |quote=}} {{DEFAULTSORT:Smith V. Board Of School Commissioners Of Mobile County}}{{US-case-law-stub}}2. ^1 [https://scholar.google.com/scholar_case?case=14126325546019793048 Smith v. Board of School Com'rs of Mobile County, 655 F. Supp. 939 (S.D. Ala. 1987)], via Google Scholar 3. ^{{cite court |litigants=Smith v. Board of School Commissioners of Mobile County |vol=827 |reporter=F.2d |opinion=684 |pinpoint= |court=11th Cir. |date=1987 |url=https://openjurist.org/827/f2d/684 |accessdate=2017-09-05 |quote=}} 8 : United States Court of Appeals for the Eleventh Circuit cases|Establishment Clause case law|United States education case law|1987 in United States case law|1987 in religion|1987 in education|Education in Mobile County, Alabama|Secular humanism |
随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识,基本涵盖了大多数领域的百科知识,是一部内容自由、开放的电子版国际百科全书。