Tuesday, November 15, 2011

Campus Police Act Valid, Says NC Supremes

On the 10th, the NC Supreme Court issued one criminal decision.

State v. Julie Anne Yencer.

Defendant was arrested for DUI on Davidson Campus. She challenged, arguing that hte Campus Police Act violates the establishment clause, by delegating police powers in the hands of religious schools. The trial court held the Campus Police Act unconstitutional.


Applying the Lemon Test, held that there was a valid secular purpose, that the primary effect did not advance or inhibit religion, and that it did not unduly entangle the government and religion. The decisions relies largely on the fact that much of Davidson's mission is education/secular related, rather than religious.

Reversed.


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