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Religion vs. Rights: Which One Belongs In Schools?
Before the government provided formal schools and programs of education, religion had been a major part of every person's education. As public schools started, this teaching of faiths continued with the practice of prayer before class and bible reading sessions (Burstein, 26). Were those actions taken in these classes constitutional, or did the practicing of religious activities deny people the freedom of religion guaranteed in the constitution? Many of those who find prayer and religion in school offensive say that it is a violation of their rights. Mr. Justice Black of the United States Supreme Court, once said, "The First Amendment has erected a wall between the Church and State which must be keep high and impregnable" (Bosmajian, 7). Those in support of religious teachings in public schools see participation in theological activities as a chance to teach morals, community ethics, and peace over violence. Nevertheless, the achievement of those goals through the denial of basic rights is wrong. Today's society is, fast paced, competitive, and based totally on equality. Consequently, religion, whether it be denominational or not, has no place in the classrooms of today's public schools. The reasons for this position are the establishment clause, the rulings of the Supreme Court, and the role that a school has in a community.
What is stopping this process of allowing prayer and schools to combine? The establishment clause is the main cause of this roadblock. The American public seems to think that the establishment clause, or religious freedom, means that personal beliefs can be instituted any place at any time. They feel that the courts interpretation of the clause not only takes God out of the lives of the students, but that the removal of religion also removes basic ethics and the teaching of morals (Gay, 65). This removal of ethics seems to have possibly caused the lack of respect for teachers and education as a whole. The courts say that this right's purpose is to create a wall that will separate the church from the state and that it will not and can not fall. This clause is the rock, on which they base all their decisions on, where they turn to figure out whether a violation of rights had occurred. To put this idea into more simple terms, the purpose of the anti-prayer position is that the government does not want to specifically support, show preference of, or exclude and particular religion or denominational sect (Burstein, 28).
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...
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.
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
Praying in school was first addressed in the Supreme Court in 1962 in the Engle v. Vitale case. The Establishment Clause emerged and stated Congress shall make no law respecting an establishment of religion. The court ruled the Union Free School District in Hyde Park, NY had violated the First Amendment by directing the principals to cause the following prayer to be said aloud by each class in the presence of a teacher at the beginning of each school day: “Almighty God, we acknowledge our dependence upon Thee, and we beg thy blessings upon us, our parents, our teachers and our Country” (Longley, "Public"). I agree with the courts ruling because not all students in a classroom share the same beliefs. To cause everyone to say this prayer surely violates their rights.
In 1962 the Supreme Court outlawed school-mandated prayer in public schools, ruling that it was unconstitutional ("School Prayer”). The next year, it banned non compulsory religious readings. Over the next 30 years, the Court would continue to protect American students from the establishment of religion in public schools while protecting the equality of all beliefs. But in 2000 when Atheist Dr. Michael Newdow filed against the Broward County school board for the use of the words “under God” in the Pledge of Allegiance, stating that it encroached on his daughter’s right to be free from religious coercion from the government, local courts decided to deny to view the case. Newdow appealed and the case eventually got to the Supreme Court who, instead of serving its intended purpose
The removal of prayer from public schools is a very controversial and misunderstood debate. This paper will address the history of the debate, common myths and misunderstandings, and the current trends.
Through many Supreme Court cases, decisions, and official statements, the United States Government has made it clear that study about religion is constitutional (Haynes 2). 3 main cases have explicitly shown the acceptability of religion in school. There have been many statements made Supreme Court Justices and the current president himself stating the permissibility of having religion taught in school. Guidelines have also been written and carried out for the use of religion in the public school system (Guidelines: U.S. Department of Education, 2)
"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).
Freedom of religion is a right that is granted to all citizens under the First Amendment of United States Constitution (U.S. Const. amend I). This gives individuals the freedom to express their religious views however they may please. Controversy arises when the topic of religion is brought up in schools. A great example scenario is when a student submits an assignment representing Jesus Christ when asked to come up with a paper and drawing of their hero. It is important to understand what rights students have when it comes to incorporating religion in their schoolwork. This paper will examine the legal issues regarding the grading and display of the assignment containing religious expression that is submitted by a student and how the First Amendment applies to classroom assignments in schools.
Religion in school can be defined as the practice of any personal religious belief or act in a place of education. To say that religion is a big topic of interest to a lot of people in the United States today is a bit of an understatement. The debate over the separation of church and state has been going on without end for years. With many different perspectives on the matter and even more opinions on how it should be handled. Since the beginning many people have challenged the role that religion has played in education. Should schools teach religion? If so, can they do it evenhandedly? Will they misinterpret the religion wrong? How many people would be offended? Would we be better off without it so that it doesn’t cause controversy? The problem is can we truly answer any of these arguments without the opposite side disagreeing? Many of these questions are rooted from the same controversy that is happening in schools today. Aside from the separation of church and states comes one of the vastly debatable topics of education allowing religion which is prayer in school. While a few believe that prayer in school is constructive to the development of a child and their faith, others may conclude that it could completely denounce the faith of a child. Because this is an ongoing controversy further research on whether religion should or should not be allowed in public education is usually boils down to two major points the First Amendment and is religion good for our children? Could we potentially have a compromise or could the two opposing sides meet somewhere in the middle?
The First Amendment states “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof”. There are several ways to apply this to the issue of prayer in school. Arguments can be made for both groups of people who are for and against prayer in school. What does it all boil down to? Freedom of religion still applies, just do not organize or endorse it in our schools.
Are you religious? Do you have children? What kind of environment would you like your child in while he/she is in school? A century ago, most of America’s public schools were religious schools. Over time the state has redesigned schools in order to make schools for all children and not alienate any students. The Supreme Court then accelerated the movement in 1962 when it declared that prayer in public schools was unconstitutional. Then one year later the court removed all bible reading from public school because it is a religious exercise(-------). There is no clear line between what instructors are aloud to teach in school and what they are not aloud to teach, so many laws have been written and changed. In 1995 35 agencies representing 10 religions and ethical systems wrote “Religion in Public Schools” which was a joint statement of current laws stating that religions aloud to be taught in public schools, but only if it is serving an educational purpose.(----- http://www.religioustolerance.org/ps_bibl1.htm---------) Yet what about the Supreme Court ruled out all bible reading in school, but here it states that it is legal, what law are we the people supposed to follow?
This paper discusses how the legislative, executive, and judicial branches of the United States government interact to allow each individual in a public school freedom to pray while not endorsing any religion.
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...
School prayer is a very controversial issue in today’s society. This issue has been a problem since America was first founded, in that the country was founded on religious beliefs. The Pilgrims wanted to be able to express their beliefs freely, but in England this freedom was not found, so they decided to come to the Americas, where their beliefs could be expressed freely. As time passed they realized that having this kind of freedom caused problems between different belief systems. Many people started questioning the founding of their nation and what the foundation was made of. This questioning is still going on today and people are torn between letting prayer in to the public school system or keeping it out.