The Practice of Religion in Public Schools
The “establishment” or “religion” clause of the First Amendment of the Constitution reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (Education Week, 2003, para. 2). It is from this clause that the idea of separation of church and state comes. It is also the basis for much of the debate regarding the practice of religion in public schools (Education Week, 2003). One of the big questions regarding the religion issue is where to draw the line between separation of church and state and religious freedom. The practice of religion in public schools can balance these two ends by allowing students to individually exercise their religious freedom, so long as they do not interfere with that of other students.
Throughout the twentieth century, the United States Supreme Court has protected students’ rights to practice their religious beliefs, so long as they are not “disruptive, discriminatory, or coercive to peers who may not share those same beliefs” (Education Weekly, 2003, para. 3). In 1943, the Supreme Court ruling in West Virginia State Board of Education v. Barnette stated that students could not be “forced to salute the flag or say the pledge of allegiance if it violates the individual’s conscience” (First Amendment Cyber Tribune, 2002). The 1963 decision in Engel v. Vitale made school prayer unconstitutional, and similarly found school prayer at graduation ceremonies in its 1992 Lee v. Weisman decision (First Amendment Cyber Tribune, 2002). Student-led prayer at public school football games was found unconstitutional in 2000 with the Santa Fe Independent School District v. Doe (First Amendment C...
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...il). Religion in Schools. Retrieved April 30, 2003, from http://www.educationweek.org/context/topics/issuespage.cfm?id=60.
This website provided a summary of the issue of religion in schools and reviewed several Supreme Court decisions related to the issue.
First Amendment Cyber Tribune. (2002, July). Freedom of Religion: An Overall View of Religious Liberty as Defined by U.S. Supreme Court Cases. Retrieved May 3, 2003, from http://w3.trib.com/FACT/1st.religion.html.
This website listed several Supreme Court cases dealing with the issue of religion in schools and provided short explanations of each opinion.
Riley R. Religious Expression in Public Schools. Retrieved May 3, 2003, from http://www.ed.gov/Speeches/08-1995/religion.html.
This website provided a copy of the U.S. Secretary of Education’s guidelines on religious expression in public schools.
In cases having to do with constitutionality, the issue of the separation of church and state arises with marked frequency. This battle, which has raged since the nation?s founding, touches the very heart of the United States public, and pits two of the country's most important influences of public opinion against one another. Although some material containing religious content has found its way into many of the nation's public schools, its inclusion stems from its contextual and historical importance, which is heavily supported by material evidence and documentation. It often results from a teacher?s own decision, rather than from a decision handed down from above by a higher power. The proposal of the Dover Area School District to include instruction of intelligent design in biology classes violates the United States Constitution by promoting an excessive religious presence in public schools.
The Supreme Court case in Elk Grove Unified School District v. Newdow result in a unanimous ruling that the phrase “under God” may remain in the Pledge of Allegiance as narrated in public school classrooms. The court made the decision because the atheist father did not have grounds to sue the school district on behalf of his daughter. While the ruling was made on the Flag Day, it did not meet the clear endorsement of the constitutionality of the pledge as sought by President Bush and leaders of Republican and Democratic Parties in Congress. Notably, the eight judges who participated in the case had voted to turn over a federal appeals court decision in 2003 that would have prohibited the use of the phrase in public schools as an infringement of the constitutional outlaw on state-sponsored religion. A majority of these justices i.e. five made that ruling on procedural grounds in which Michael A. Newdow, the atheist, did not have legal reasons to sue the school district (Lane, 2004).
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.
Separation of church and state is an issue in the forefront of people’s minds as some fight for their religious freedoms while others fight for their right to not be subjected to the religious beliefs of anybody else. Because public schools are government agencies they must operate under the same guidelines as any other government entity when it comes to religious expression and support, meaning they cannot endorse any specific religion nor can they encourage or require any religious practice. This issue becomes complicated when students exercise their right to free speech by expressing their religious beliefs in a school setting. An examination of First Amendment legal issues that arise when a student submits an essay and drawing of a religious
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
Education Week talks about the freedom and practice of religion stated in the United States Constitution and how the government has altered that in their article, “Religion in Schools”. They touch base on how “under God” was taken out of the Pledge of Allegiance and elaborate how students can participate in religious clubs outside of school because of the placement of the federal Equal Access Act of 1984.
This paper was written for my Writing 209 class. For the assignment ,Donna Marsh, asked us to find an article in a periodical that dealt with an issue in our American culture. We were then told to express our opinion on the topic discussed in the article and to analyze the argument presented in the article. I chose the topic of school prayer because I believe strongly in the separation of church and state that exists in our country. This is a controversial issue that is worthy of discussion, and hopefully my essay will provoke you in some manner whether you agree with my premise or feel that the views I express are totally invalid.
When the morning announcements come on and say, “Please rise for the Pledge of Allegiance,” people normally don’t think anything of it, but to stand up and recite a few lines to something they learned in kindergarden. However, some people may feel it is wrong to say the Pledge based upon a religion that they practice. Requiring students to recite the Pledge of Allegiance does violate the First Amendment due to the fact that they are protected under the Freedom of Speech clause. This is seen through The Elk Grove Unified School District v. Newdow case, The West Virginia Board of Education v. Barnette case, and The Massachusetts Supreme Court case. In the following cases, it is discussed whether or not it is fair to force students to stand up and recite the Pledge of Allegiance while in school.
Amundson, Kristen J. Religion in the Public Schools. Arlington: American Association of School Administrators, c1986
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...
"God help, I'm so lost!" If you listen carefully, this is a common thought that is heard throughout many schools in the nation. Is this thought appropriate? The following statement clearly shows that the law allows students and adults to practice religion, but at the same time be respective of others and their beliefs even if they do believe or if they don't. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, or to petition the government for a redress of grievances." (First Amendment, The Constitution of the United States). Prayer is not normally permitted as a scheduled part of classroom activities, because it would result in the violation of the principle of church-state separation, which has been defined by court interpretations of the 1st Amendment to the U.S, Constitution. The separation principle is extended to Public school as an arm of the government, with an exception which can be permitted if, during the school year, a mixture of prayers, statements, etc are delivered, using material derived from a number of different religions and secular sources. So far, this has never been tried in a school or ruled upon by a court (Religion in Public).
The Constitution of the United States was written to give citizens certain privileges and rights in the way of free thought and freedom. The Establishment Clause was one way that civilians were protecting religious liberty by the separation of church and state. Within our political and school systems there have been a number of controversial issues to include religious holidays, school prayer, teaching evolution and aid to church based schools. The Supreme Court has ruled in many cases in regards to these religious controversial issues.
The Supreme Court ruled on two landmark cases related to prayer in schools. Public schools cannot sponsor Bible reading (Abington versus Schempp, 1963). The Lemon case of 1971 specified public schools may not teach courses in religion only public school courses.
The argument over the separation of church and state has been an ongoing debate without a conclusion, and has always been a topic to speak on. Many people have strong opinions for or against the separation. While some believe that prayer in school is beneficial to the development of children and of their faith, others believe that it could completely criticize their faith by not giving the student the option to explore their beliefs. In the “Resistance to Civil Government” by Henry David Thoreau, the author is passionate about allowing people to beli...
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...