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Essay on separation of church and state
The influence of religion in education
Establishment clause pros
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Abington v. Schempp (1963)
Historical Circumstances:
Abington v. Schempp was an important case regarding the establishment of religion in American schools. Until the late twentieth century, most children were sent to schools which had some sort of religious instruction in their day. The schools taught the morals, values, and beliefs of Christianity in addition to their everyday curriculum. However, as some people began to drift away from Christianity, parents believed this was not fair to the kids and justifiable by the government. They thought public schools should not be affiliated with religion to ensure the freedom of all of the families who send students there. Such is the situation with the 1963 Supreme Court case Abington v. Schempp.
Facts of the Case:
In Pennsylvania, public school students were required to read ten verses from the Bible at the start of their day. In the Abington Township, the Lord’s Prayer was added onto these readings. However, children could be exempt from prayer if their parents chose to not allow it.
The Schempp family, whose kids went to school in the township, followed Unitarianism, and did disagree with some of the ideas in the Bible. However, they did not want their children to miss prayer because they would miss the important announcements that followed. They brought the case to a state court, and the court ruled that prayer in fact did violate the Establishment Clause of the First Amendment. Next, they appealed to the Supreme Court.
This case was appealed to the Supreme Court on June 17, 1963. The Court ruled 8-1 against the prayer recitation. This ruling was partially due to the case Engel v. Vitale, where a similar Establishment Clause issue was approached. In both cases, the strict...
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...gain ruled in favor of the Establishment Clause. These cases include Murray v. Baltimore School Board, Epperson v. Arkansas, and Stone v. Graham. It also set the grounds for the case, Lemon v. Kurtzman, which set up the “Lemon Test” for deciding if a religious function is Constitutional or not.
This example of a Supreme Court case shows that the court is not above politics. Even though most Americans, including government officials, practiced some form of Christianity, the judges were not willing to compromise the information in the Constitution for the popular beliefs of individuals. I agree with the Supreme Court in its decision to ban the practice of prayer in public schools. Not only does it violate the Constitution, but it encroaches on our freedom of thought and action. Being excluded from a public classroom because of personal beliefs does not sound just.
Elk Grove Unified School District v. Newdow case is a litigation that was brought by an atheist father seeking for a determination of the constitutionality of the practice of recitation of the Pledge of Allegiance by public school students since it contained the phrase “under God.” The Supreme Court had two major issues to determine i.e. whether Newdow had the legal standing to challenge the constitutionality of the practice and school board’s policy and whether the phrase “under God” was an infringement of the Establishment Clause of the country’s constitution. In its ruling, the Supreme Court argued that Michael Newdow did not have the legal standing to file the litigation since he was a non-custodial parent.
In 1949, a state-wide law was passed in Pennsylvania that required public school students to read scriptures from the Bible and recite the Lord’s Prayer everyday in class. This law stayed intact until Edward Schempp challenged it nine years later. Pennsylvania wasn’t the first or the only state to enforce law making it mandatory for students to read from the Bible during school. Twenty-five additional states had laws allowing “optional” reading for the Bible. But in eleven of the twenty-five states, courts had decided those laws were unconstitutional.
The Supreme Court's previous last major school-prayer ruling was announced in 1992, and barred clergy-led prayers at public school graduation ceremonies. "The Constitution forbids the state to exact religious conformity from a student as the price of attending her own high school graduation," the court said then. Many viewed the ruling as a strong reaffirmation of the highest court's 1962 decision banning organized, officially sponsored prayers from public schools.
...T AMENDMENT BECAUSE THE PRAYERS GIVEN BEFORE EACH MEETING SHOWED ENDORSEMENT AND COERCION OF A PARTICULAR FAITH.
Rieff, Burt. "Conflicting Rights and Religious Liberty: The School-Prayer Controversy in Alabama, 1962-1985." Alabama Review 3(2001):163. eLibrary. Web. 31 Aug. 2011.
Did Santa Fe Independent School District violate the Establishment Clause by saying a prayer before every home, varsity football game? The parents of a few of the children brought the case to court. The compained that the prayers were Christian based and very bias. The Santa Fe Independent School District did violate the Establishment Clause.
Doe case was a reiteration by the Supreme Court on many cases involving prayer in school as evident in the Lee V. Weisman case. At the Nathan Bishop Middle School in Providence, Rhode Island the principal Robert Lee invited a rabbi as the commencement speaker however, the parent of middle schooler Deborah, Daniel Weisman challenged the principal’s act. The issue decided in the Lee v. Weisman was concerned about the legality of praying before audience at a graduation. In a 5 to 4 ruling the Supreme court considered the appointment of a Rabbi to speak and pray at a graduation ceremony unconstitutional. The court used the Establishment Clause as justification for its ruling, stating that the Rabbi’s prayer forced students to listen to a religious message which was a clear endorsement of a governmental religion. In both cases Santa Fe v. Doe and Lee v. Weisman the Court distanced itself from any religious prayer especially in a public school setting believing it to be contrary to the Establishment Clause. Despite the Supreme Court’s intolerance of prayer in school, the ruling for the Town of Greece v. Galloway revealed the Court’s acceptance for prayer held at governmental
In response to the Engel v.Vitale case some schools adopted a "moment of silence." In 1963, another case was brought before the court dealing with school prayer, Abington School District v. Schempp. The Schempp family challenged a law in Pennsylvania requiring the students to say ten verses of the Bible before school. These readings from the Bible were declared unconstitutional. Members of the board felt reading the Bible would give the children more moral values.
The case Elk Grove Unified School District versus Newdow came about when a student parent, Michael Newdow, an atheist, has a disagreement with the Pledge of Allegiance. Elk Grove Unified School District is a public elementary school where teachers begin the day by reciting the Pledge of Allegiance, but it is considering being voluntary. Under California law, all elementary schools must recite the Pledge of Allegiance once a day unless those student object due to their religion. As stated before, in 1954 the Congressional Act added the words “under God” to the Pledge of Allegiance. Michael Newdow took it upon himself to review the School District policy referring to the religious portion. This caused Michael Newdow to sue in the federal district court in California, stating making students listen to the Pledge of Allegiance, even if the students do not choose to participate to the word “under God” violates the establishment clause of the United States Constitution’s First Amendment
In 1971 in Mobile County Alabama the School Board created a state statute that set aside time at the beginning of each day for silent ’meditation’ (statute 6-1-20), and in 1981 they added another statute 16-1-20.1 which set aside a minute for ‘silent prayer’ as well. In addition to these, in 1982 the Mobile County School Board enacted statute 16-1-20.2, which specified a prayer that teachers could lead ‘willing’ students in “From henceforth, any teacher or professor in any public educational institution within the State of Alabama, recognizing that the Lord God is one, at the beginning of any homeroom or any class, may pray, may lead willing students in prayer, or may lead the willing students in the following prayer to God… “ (Jaffree By and Through Jaffree v. James). Ishmael Jaffree was the father of three students, Jamael Aakki Jaffree, Makeba Green, and Chioke Saleem Jaffree, who attended a school in Mobile County Alabama. Jaffree complained that his children had been pressured into participating in religious activities by their teachers and their peers, and that he had requested that these activities stopped. When the school did nothing about Jaffree’s complaints he filed an official complaint with the Mobile County School Board through the United States District Courts. The original complaint never mentioned the three state statutes that involved school prayer. However, on June 4, 1982 Jaffree changed his complaint. He now wanted to challenge the constitutionality of statutes 16-1-20, 16-1-20.1 and 16-1-20.2, and motioned for a preliminary injunction. The argument against these state laws was that they were an infringement of the Establishment Clause within the First Amendment of the Constitution, which states that Congr...
At this time, religion played a major role on the educational system in the sense that all types of religious groups were represented in the American school system, but they were challenged with how they could be loyal to their religions beliefs. With the 'Pledge of Allegiance' present, some people felt as though the values of Americans and the "Creators'" beliefs should be taught in the classrooms. Of course, others felt that religion and school should be separate. As a result of disagreements such as these, many problems arose.
Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education
Prohibiting School Prayer Threatens Religious Liberty. Civil Liberties. Ed. James D. Torr. -. San Diego: Greenhaven Press, 2003.
Dierenfield, B. J. (2007, April). The Battle over School Prayer. Retrieved March 12, 2011, from www.kansaspress.ku.edu: http://www.kansaspress.ku.edu/diebat.html
To have prayer in the public school system is against the idea of separation of church and state. The state should not institute school prayer because the public schools are for education, not a place where religion should be taught (Gaylor, 1995, p. 1). The state should not force every child to say a prayer in the classroom because not everyone believes...