Case Briefs

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Date: 07, December 2010.
Case Brief
This was case was named freedom from religion foundation v. Hanover school district
Freedom from religion foundation, et al., plaintiffs, appellants, v. Hanover school district, et al., defendants, applies.
This case was filed by Jan and Doe against Hanover school district. Jan and Doe are members of The Freedom from Religion Foundation and that on the Pursuant to the New Hampshire Act, the Pledge of Allegiance ("the Pledge") was routinely recited in Doe children's classrooms under the leadership of their teachers. Does children were identified as being atheistic and agonistic. Jan, Doe and the two children were collectively known as the ‘The Freedom from Religion Foundation` in the case.
The big issues that The Freedom From Religion Foundation alleged is that the Doe children "have all been led by their public school teachers in recitations of the Pledge of Allegiance." which the New Hampshire has not contested on it. The parties did not provide any other specific information about the operation of the statute on issues such as the procedures that are used in the pledge or even the number of students who participate in the pledge., some other courts have reasoned that in addressing the claim that the recitation of a pledge of allegiance including the phrase "under God" is unconstitutional under Lee the cases are fundamentally different because saying the pledge is not itself a religious exercise
The Freedom From Religion Foundation contends that the recitation of the Pledge in the Doe children's classrooms violated their children`s ability to freely believe in atheism or agnosticism, and places an unconstitutional burden on the Doe parents' free exercise right to instill their religious values in their children. Parker also foreclosed this claim as well.
The court held that the New Hampshire School Patriot Act and the voluntary, teacher-led recitation of the Pledge by the state's public school students do not violate the Constitution and thus affirmed that the order and judgment of the district court hence dismissing The Freedom From Religion Foundation complaint. The final allegation by of The Freedom from Religion Foundation is that the recitation of the Pledge in the Doe children's classrooms violates the Doe parents' fundamental constitutional right of parenthood protected by the Due Process Clause of the Fourteenth Amendment and they argue that this right is embraced within the general right of parenthood. The court holds that the claim lacks merit as the substantive due process clause does not give parents the degree of control over their children's education that their requested relief seeks. It s therefore waived on the terms that the claim is adverted to in a perfunctory manner, unaccompanied by any effort at developed argumentation, it is waived.
Separate opini...