Here is the Plaintiff's Complaint:
http://www.docstoc.com/docs/84672797/Freedom-From-Religion-Foundation-v-Perry-complaintDoes it violate the " Establishment Clause of the First Amendment."?
At an absolute minimum, the Establishment Clause was intended to prohibit the federal government from declaring and financially supporting a national religion, such as existed in many other countries at the time of the nation's founding. It is far less clear whether the Establishment Clause was also intended to prevent the federal government from supporting Christianity in general. Proponents of a narrow interpretation of the clause point out that the same First Congress that proposed the Bill of Rights also opened its legislative day with prayer and voted to apportion federal dollars to establish Christian missions in the Indian lands. On the other hand, persons seeing a far broader meaning in the clause point to writings by Thomas Jefferson and James Madison suggesting the need to establish "a wall of separation" between church and state.
Supreme Court interpretation of the Establishment Clause does not begin until 1947 in Everson v Board of Education. Voting 5 to 4, the Court upheld a state law that reimbursed parents for the cost of busing their children to parochial schools. (It was clear from the various opinions in Everson that if the state had reimbursed the parochial schools for the cost of providing the transportation, that it would have been found to violate the Establishment Clause.) Although in his majority opinion Justice Black wrote of the "wall of separation" that the Constitution maintains between church and state, Black viewed the aid in question of serving the state's secular interest in getting kids "safely and expeditiously" to schools. The case is noteworthy for its extensive discussion of the purposes of the Establishment Clause, and for the fact that all nine justices agree that the clause was intended to do far more than merely prohibit the establishment of a state religion.
Subsequent decisions make clear that a majority of justices on the Supreme Court view "the wall" separating church and state more as a shifting, porous barrier. Small factual differences in cases often produce different outcomes. For example, in 1948, the Court found that the practice of inviting religious instructors into public schools to give optional religious instruction violates the Establishment Clause. Then, in the 1952 case of Zorach v Clauson, the Court upheld the practice of giving public school students "release time" so that they could attend religious programs in churches in synagogues. Writing for the Court in Zorach, Justice Douglas said the Constitution does not require "callous indifference to religion."
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/estabinto.htm
.