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Larkin v. Grendel's Den, Inc. (docket #: 81-878) (1982)  [Findlaw]

Argument Date 10/04/1982
Decided 12/13/1982
Supreme Court Vote 8-1
Supreme Court Ruling Establishment Clause claim upheld. The valid secular objective of this statute may be readily accomplished by other means.
 
IssueWhether a Massachusetts statute vesting in the governing bodies of schools and churches the power to prevent issuance of liquor for premises within a 500-foot radius of a church or school violates the Establishment Clause of the First Amendment.
Majority Opinion Burger, C.J. (joined by Brennan, White, Marshall, Blackmun, Powell, Stevens, and O’Connor, JJ.)
Dissenting Opinion Rehnquist, J.
Lower Court 1st Circuit
Lower Court Ruling Establishment clause claim affirmed.
Lawyers
For Petitioner
Assistant Attorney General of Massachusetts

For Respondent
Lawrence H. Tribe

Briefs
For Amicus
American Civil Liberties Union (for Respondents)

Opinion - Lower Court
Grendel’s Den, Inc. v. Goodwin, 663 F.2d 102, (C.A. Mass., 1981)
News
"Cutting Off Lawyers, and Law," New York Times, Dec. 31, 1983, pg. 22
"Excerpts From Opinions and Dissent on Religion," New York Times, Jun. 28, 1994, sect. D, pg. 20
Barbash, Fred, "Court Voids Church Veto of Liquor License," The Washington Post, Dec. 14, 1982, sect. A, pg. 8
Coll, Steve, "Labors of the Legal Mind; Laurence Tribe, Teaching, Arguing and Keeping a Scholarly Eye on the High Court, Laurence Tribe & A Labor of Law," The Washington Post, Nov. 26, 1985, sect. B, pg. 1
Greenhouse, Linda, "Court Overturns Law Permitting Churches to Veto Licenses," New York Times, Dec. 14, 1982, sect. B, pg. 18
Greenhouse, Linda, "Forceful Term of Supreme Court Put Reins on Congress and Reagan; Forceful Supreme Court Term Dealt Setbacks to Both Congress and Reagan," New York Times, Jul. 10, 1983, pg. 1
Mann, Jim, "Justices Bar Church Veto on Liquor Sales; Massachusetts Law Had Banned Stores Within 500 Feet of Religious Institutions," Los Angeles Times, Dec. 14, 1982, sect. B, pg. 6
Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (22nd ed., 1988) sect. 14.11
Other
Witte, John, Jr., RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), p. 174
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