Legal Opinion
Duffy Ex Rel. Duffy v. Las Cruces Public Schools
District Court, D. New Mexico
Decided February 10, 1983No. Civ. 81-0876-JBPublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BURCIAGA, District Judge.
THIS MATTER comes before the Court for resolution of the merits of the plaintiff’s complaint. At issue is the constitutionality of § 22-5-4.1, NMSA 1978, a statute authorizing local school boards in New Mexico to implement a daily moment of silence in public schools within the local school districts. Having considered the evidence adduced at trial, the arguments of counsel and the relevant authorities, the Court concludes that § 22-5 — 4.1 represents an unconstitutional infringement on the Establishment Clause of the First Amendment. This…
2Cases cited19 opinions
- Lemon v. KurtzmanSupreme Court of the United States · 1971
- Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
- Abington School Dist. v. SchemppSupreme Court of the United States · 1963
- Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970
- Zorach v. ClausonSupreme Court of the United States · 1952
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3Cited by14 opinions
- Al Friedman v. Board Of County Commissioners Of Bernalillo CountyCourt of Appeals for the Tenth Circuit · 1985
- May v. CoopermanDistrict Court, D. New Jersey · 1983
- Claridge v. New Mexico State Racing CommissionNew Mexico Court of Appeals · 1988
- Walter v. West Virginia Board of EducationDistrict Court, S.D. West Virginia · 1985
- Weinbaum v. Las Cruces Public SchoolsDistrict Court, D. New Mexico · 2006
9 more not listed; retrieve them via the Exa API.