Florey v. Sioux Falls School District 49-5

I dissent. Before discussing the three-part Establishment Clause test and applying its analysis to this case, I would note that this case involves a close question in one of the most sensitive areas of constitutional law, the relationship between religion and public education.1 The Supreme *1321Court’s Establishment Clause cases have developed “controlling constitutional standards [which] have become firmly rooted and the broad contours ... are now well defined,” Committee for Public Education & Religious Liberty v. Nyquist, 413 U.S. 756, 761, 93 S.Ct. 2955, 2959, 37 L.Ed.2d 948 (1973) (Nyquist),…