There is absolutely nothing unconstitutional about a Bible verse on a brick when a school opens up a programme for anyone to express a personal message.
To determine an Establishment Clause violation, the measure in question is subjected to the Lemon Test, outlined in
Lemon v. Kurtzman (1971):
First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster "an excessive government entanglement with religion."
The Lemon Test
What is the secular purpose of the program? Does the program have the primary effect of either advancing or inhibiting religion? Lastly, is there an excessive government entanglement" with religion?
If any of the three prongs of the Lemon Test are violated, then the measure is un-Constitutional.
In this case the primary effect of the bricks is to advance religion; there is no problem with the bricks expressing personal messages per se, provided theyre not of a religious nature. Consequently the second prong of the test is violated and the program is potentially un-Constitutional. The third prong is also likely violated, as the school agreed to have the bricks made a permanent part of the school grounds.
In
McCreary County v. ACLU (2005), concerning the constitutionality of a Ten Commandments display in a public venue, the Court held:
The same would be true with an observer encountering the bricks on the pathway with religious quotations.
A move which has now angered religious groups.
Christians should be allowed to express themselves on public school campuses just like everyone else, Mr Cortman told Fox News.
They are allowed, provided its not done in conjunction with the state and such expression does not manifest an excessive government entanglement.
There is no violation of free speech as Christians are allowed to convey their message in any appropriate forum they wish; they simply may not use the venue of a school as it is a state entity and the Establishment Clause of the First Amendment prohibits the conjoining of church and State. It is not a violation of the Free Exercise Clause of the same Amendment as there is no prohibition of Christian practices on school property there is no tenet in the Christian faith requiring its followers to document their piety in any written form.
Lawyer Peter Lepiscopo, who served as a local counsel in the case, told Fox News the case had been settled.
If the case is settled then whats the point of this thread?
This is therefore yet another non-issue.