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Church / State Relations ELC EdLawNet Task Group Session #4 Aaron Woody

Church / State Relations ELC EdLawNet Task Group Session #4 Aaron Woody. AGENDA. 10 Minutes - Look at critical points to consider Religious Influences in Public Schools 10 Minutes – Reflective Guides as it relates to current cases Emphasis on “Common Sense” 5 Minutes –

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Church / State Relations ELC EdLawNet Task Group Session #4 Aaron Woody

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  1. Church / State RelationsELC EdLawNet Task GroupSession #4Aaron Woody

  2. AGENDA • 10 Minutes - • Look at critical points to consider • Religious Influences in Public Schools • 10 Minutes – • Reflective Guides as it relates to current cases • Emphasis on “Common Sense” • 5 Minutes – • Your Turn “Scenarios you might encounter” • Questions / Comments

  3. Talking Point #1 • Church State issues have been argued through the Fourteenth Amendment • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… • THE ESTABLISHMENT CLAUSE

  4. Religion & Government: Tenuous Balance • Establishment Clause: • Government shall not advance Religion • Free Exercise Clause • Freedom in individual Religious Practices There are TWO Constitutional Clauses in regard to religion, and they are constantly in conflict

  5. Talking Point #2 • The LEMON Test (LEMON vs. Kurtzman) • A Three Part Test • Have a secular purpose • Have a primary effect that neither advances nor impedes religion • Avoid excessive governmental entanglement with religion

  6. OTHER TESTS: • Endorsement Test • Primary effect neither endorse nor dissaprove religion • Coercion Test • Direct or Indirect Government Coercion to “Promote a Faith”

  7. Talking Point #3 • Free Exercise Clause • Looks at individual activity and whether the state has acted in a coercive way (FIRST AMENDMENT RIGHTS) • Example: Wisconsin vs. Yoder 1972) • Gray Areas… • Adults employed by the school – are an extension of the state • Students have more protection as individual citizens

  8. Other Religious Influences in Public Schools • Silent Prayer • School Sponsored verses private devotionals • Student elections to authorize prayer • Religious displays and Holiday observances • Proselytization in the classroom • Equal Access • School Access for community groups • Accommodations for Religious Beliefs • Religious Exemption from Secular Activities • Defining what “IS” religious?

  9. BEST PRACTICE… • USE COMMON SENSE… • Districts and “Courts” will look to answer the question: “What would a reasonable person do in (or with) this situation?”

  10. Recommended Reading • A TEACHER’S POCKET GUIDE TO SCHOOL LAW. Nathan Essex (I reference this in the handout) • American Center for Law and Justice http://aclj.org/ • ACLU American Civil Liberties Union http://aclu.org • http://www.churchstatelaw.com

  11. SCENARIOS

  12. QUESTIONS???

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