Bown v. Gwinnett County School District

Infobox Court Case
name = Bown v. Gwinnett
court = United States Court of Appeals for the Eleventh Circuit


full_name = Bown v. Gwinnett County School District
date_decided = 2007
citations =
transcripts =
judges =
prior_actions =
subsequent_actions = Appealed to United States Supreme Court but denied certiorari
opinions =

Bown v. Gwinnett County School District (1997) refers to an Eleventh Circuit Court case in which the defendant, Brian Bown, a school teacher, challenged as an unconstitutional Establishment Clause violation Georgia's law requiring a "Moment of Quiet Reflection." The Court ruled that the Moment of Quiet Reflection was not unconstitutional. The Supreme Court of the United States denied certiorari for an appeal.

Background

The State of Georgia passed the Moment of Quiet Reflection in Schools Act, which came into effect in 1994. The law did not require or endorse prayer [ [http://candst.tripod.com/dawn1.htm Brockman, D. "A Moment of Silence: The Trojan Horse of Our Age."] ] , saying that it "is not intended to be and shall not be conducted as a religious service or exercise" [Ibid.] .

Public school teacher Brian Bown challenged the Act [ [http://books.google.com/books?id=XXCYV-yuqQcC&pg=PA289&lpg=PA289&dq=bown+v+gwinnett&source=web&ots=5Zwwtv2MaE&sig=_8NHMmNC2WcbEoi2UjyBPxWIbaA Fontana, V. "Municipal Liability: Law and Practice," pg. 289] .] . He sued, alleging that the law was an Establishment Clause violation implicitly requiring school prayer [ [http://candst.tripod.com/dawn1.htm Brockman, D. "A Moment of Silence: The Trojan Horse of Our Age."] ] .

Verdict

The Eleventh Circuit Court heard the case and ruled that it did not constitute an Establishment Clause violation, holding that it did not violate any of the three prongs of the Lemon test.

Citations