Legal Opinion

Fausto v. Diamond

District Court, D. Rhode Island

Decided June 19, 1984No. Civ. A. 80-0520 SPublishedCited by 12 opinions

1Opinion of the Court

OPINION AND ORDER

SELYA, District Judge.

This case poses a vexing question: does the continuous display, maintenance and preservation of a memorial dedicated to the “Unknown Child” and located on property owned by the City of Providence, violate the Establishment Clause of the First Amendment to the United States Constitution? There can be no question but that the Fourteenth Amendment made the Establishment Clause protections applicable to the states. E.g., Everson v. Board of Education, 330 U.S. 1, 5, 67 S.Ct. 504, 506, 91 L.Ed. 711 (1947).

The case was tried to the court, sitting without a…

2Cases cited46 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  3. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  4. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  5. United States v. O'BrienSupreme Court of the United States · 1968

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3Cited by12 opinions

  1. Al Friedman v. Board Of County Commissioners Of Bernalillo CountyCourt of Appeals for the Tenth Circuit · 1985
  2. Grove v. Mead School District No. 354Court of Appeals for the Ninth Circuit · 1985
  3. Devaney v. KilmartinDistrict Court, D. Rhode Island · 2015
  4. Healey v. BendickDistrict Court, D. Rhode Island · 1986
  5. Rhode Island Chapter of National Women's Political Caucus, Inc. v. Rhode Island Lottery CommissionDistrict Court, D. Rhode Island · 1985

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