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Court Rejects Establishment Clause Attack on "Good Samaritan" Requirement

By Howard Friedman

The Texas Transportation Code, Sec. 550.023 provides that the operator of a vehicle involved in an accident must stop and provide reasonable assistance to any person injured in the accident. In Guerra v. Texas, (TX 4th Dist. Ct. App., March 5, 2008), a Texas state appellate court rejected a claim that this provision violates the Establishment Clause. Defendant had argued that the provision imposes "Christian conduct, custom, philosophy and principles to all drivers to be 'Good Samaritans.'" The court held, however that "a statute does not violate the Establishment Clause just because it is consistent with religious views." The court also rejected privacy, vagueness and due process challenges to the statute.

Full post as published by Religion Clause on March 06, 2008 (boomark / email).