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Church-State Relations in Education Law: Navigating Critical Points

Explore the delicate balance between religion and government in public schools with emphasis on key legal cases and common sense approaches. Learn about the Establishment Clause, the Lemon Test, and the Free Exercise Clause. Navigate gray areas such as religious displays, prayer, and equal access while ensuring accommodations for diverse beliefs. Recommended reading and resources provided for further understanding.

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Church-State Relations in Education Law: Navigating Critical Points

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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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