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Religion in Public Schools

Religion in Public Schools. Anna Bottcher and Lily Dancy -Jones. The First Amendment. Reynolds v. United States 1879 14th Amendment, Cantwell v. Connecticut 1940 Establishment clause Free exercise clause. Lemon Standards. Lemon v. Kurtzman 1971

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Religion in Public Schools

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  1. Religion in Public Schools Anna Bottcher and Lily Dancy-Jones

  2. The First Amendment Reynolds v. United States 1879 14th Amendment, Cantwell v. Connecticut 1940 Establishment clause Free exercise clause

  3. Lemon Standards • Lemon v. Kurtzman1971 • Any law, policy, or criteria to be legally valid regarding religion: • It must have a secular purpose. • It must neither advance nor prohibit/inhibit religion. • It must not create excessive entanglement

  4. Statutes in effect today • Section 9524 of the Elementary and Secondary Education Act ("ESEA") of 1965 • Amended by the No Child Left Behind Act of 2001

  5. What’s my role and responsibility? Teachers, school administrators, and other school employees Legal role in “official capacity” Teachers may take part in religious activities when they make clear that they are not acting in their official capacities

  6. Prayer in Schools Almighty God, we acknowledge our dependence upon thee and we beg thy blessings upon us, our parents, our teachers and our country Generally supported by courts until 1960’s Engel v. Vitale 1962 inclusion of school prayer still challenged by Congress, state legislatures, and citizens

  7. Prayer in Schools: What is Allowed? Teachers and administrators restricted, but activities without encouragement or involvement of school personal are allowed During non-instructional time Organized Prayer and group activities Accommodation of Prayer During Instructional Time

  8. Silent Prayer and Meditation Wallace v. Jaffree1985 Today, “Moment of Silence”

  9. Religious issues in class assignments and instruction • Students may express beliefs about their religion • Work should be judged by regular academic standards of substance and relevance • Intelligent design Vs. Evolution • Creationism • Theory of Evolution

  10. Prayer at School Events Lee v. Weisman 1992, Rhode Island Jones v. Clear Creek 1992, Texas Adler v. Duval County School Board, 1994, Florida Santa Fe v. Jane Doe, 2000

  11. Prayer at Graduation • School officials may not mandate or organize prayer at graduation or select speakers that favor religious speech such as prayer. • Officials may make disclaimers to clarify that a speech is the speaker’s and not the school’s

  12. Bible Reading and the Ten Commandments Abington School District v. Schempp, 1965, Pennsylvania Murray v. Curlett, 1965, Maryland use of Bible as “historical, literary, ethics, or philosophical document” primary effect test Stone v. Graham, 1980, Kentucky

  13. Religious Symbols and Displays Exhibits such as statues, pictures, or other visual materials cultural heritage for secular purposes, but still refrain from imagery Displays prohibited Seasonal displays can be appropriate (eggs, bunnies, reindeer) without religious purpose

  14. Religious Activities and Holiday Programs No celebration, services, religious pageants/plays. South Dakota religious music upheld for secular purposes Distribution of religious materials prohibited Tudor vs. Board of Education, 1954, New Jersey

  15. Pledge of Allegiance • West Virginia State Board of Education v. Barnette, 1943 • Newdow v. United States, 2002, California • “under God” • Atheist parent supressed • Pledge upheld by George Bush • dismissed due to position of the plaintiff, constitutionality can still be challenged

  16. State policies vary

  17. References Brown, Steven P., Bowling, Cynthia J. (2003). Public Schools and Religious Expression: The Diversity of School Districts’ Policies Regarding Religious Expression. Journal of Church and State. Pg. 259-281. Cooper, R. (2001, September 13). Religious Expression in North Carolina Public . State of North Carolina. Retrieved April 23, 2010, from www.jus.state.nc.us/cr/religion.htm Essex, Nathan. (2006). A teacher’s pocket guide to school law. Boston: Pearson. Ch. 3. McGuire, Kevin. (2008). Public Schools, Religious Establishments, and the U.S. Supreme Court: An Examination of Policy Compliance. American Politics Research 37:30. pg. 50-73. Paige, R. (2003, September 15). Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools. US Department of Education. Retrieved April 22, 2010, from www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html

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