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Freedom of religion in public schools
Separation of religion and school
To what extent is religion important in education
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In her article “Beyond the Wall of Separation: Church-State in Public Schools”, Martha McCarthy, a Chancellor Professor and chair of Educational Leadership and Policy Studies at Indiana University, Bloomington, Indiana, makes it clear that her aim is to inform educators of the legal history and constitutional precedents of the Establishment clause and Free speech Clause of the First Amendment with an attached understanding of how educators should implement these findings. She summarizes and analyzes key Supreme Court rulings over the course of the 20th century as they pertain to religious expression in public schools. She clarifies the usage of both the Establishment Clause and the Free Speech Clause, including recent changes in trends that have been noted in the Supreme Court during the last decade. From the late 1940’s to the 1990’s most Supreme court rulings focused on the Establishment Clause to the increasing exclusion of the Free Speech Clause such that students were increasingly limited in the ways they were allowed to express themselves in school even in a private manner. In recent years, however, it has been noted that forcing students to suppress their religious expression is itself a religious statement and one that denies the role of religion in people’s lives. McCarthy notes that the public schools must take a neutral stand in relation to religion such that they do not defend or deny its role in people’s lives, either directly or indirectly. McCarthy’s claim is that educators are responsible for ensuring that religious indoctrination sponsored by public servants such as teachers and schools does not occur but at the same time that no teacher or school unduly interferes with student’s rights to practice their fai... ... middle of paper ... ...of the Supreme Court. Nevertheless, there is a balance demanded between the establishment and Free Speech Clause which is an absolutely irrefutable part of the Constitution and can only be interpreted to a certain extent by any Court. The present balance between these Clauses, as it is currently understood, is the duty of the public school teacher and administrator to uphold but teachers and administrators must be open to changes in the understanding of that balance as more cases shed light on the practices and interpretation of the First Amendment. It is the duty of the public school official, in whatever capacity they find themselves, to keep abreast of these changes so that they can properly execute their duties to both defend the neutrality of the schools and the rights of the students to hold and practice religious beliefs in the course of their daily lives.
When the rights of the American citizen are on the line than the judiciary should utilize the powers invested in them to protect and enforce what is constitutional. However, in times of controversy, where personal preference or aspects of religious or personal nature are at hand, the judiciary should exercise their power with finesse, thereby acting out judicial restraint. An example of such is in the case of Engel v. Vitale where Mr. Justice Black delivered the opinion of the court directing the School District’s principal to read a prayer at the commencement of each school day. In cases that do not regard whether an action is constitutional or not, the judiciary should suppress their power of judicial review.
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.
In a modern civilization, all three—religion, democracy and international good faith—complement and support each other” (Franklin D. Roosevelt: State of the Union message). This statement supported the idea that religion is associated with a well-functioning government. However, in the case of Everson v. Board of Education it was stated that, “The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach” (Hugo Black).
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
Free speech at public universities and colleges is the most clear and the most contradictory of constitutional pr...
Kids, in elementary school and middle school especially, are constantly being bombarded with propaganda. People love to push things on other people because, Heaven forbid, someone disagrees with them. One particular issue is religion and the role it plays in schools. Some teachers and parents are completely against any religious activity at their child’s school and other teachers and parents want everything to do with religion in schools. A big part of the debate includes the Establishment Clause of the 1st amendment and the 1st amendment itself. In 1971, in the Lemon v. Kurtzman Supreme Court hearing, it was decided that there are three questions that need to be answered to decide if something goes against the Establishment clause; is there or will there ever have a secular purpose, does it advance or inhibit religion, and does it require the government to get involved with religion. (Marshall 128) This seems pretty straight forward. It makes sure that the government is protecting American’s freedom of religion and keeps the government out as much as possible. Then in 1973 in Miller v. California it was held that the 1st amendment doesn’t ...
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.
This plainly states that public school teachers, principals, and boards are required to be religiously neutral. They may not promote a particular religion as being superior to any other, and may not promote religion in general as superior to a secular approach to life. They also may not promote secularism in general as superior to a religious approach to life, be antagonistic to religion in general or a particular religious belief, be antagonistic to secularism, and they must neither advance nor inhibit religion (Religion in Public).
Staver, Mathew D. "Allowing Religious Expression in School Protects Students' Rights." Students' Rights. Ed. Jamuna Carroll. San Diego: Greenhaven Press, 2005. Opposing Viewpoints. Rpt. from "New Federal Guidelines a Real Blessing for Public Schools." Liberator Mar. 2003: 1-4. Opposing Viewpoints in Context. Web. 19 Nov. 2013.
There is a great deal of ongoing debate surrounding the issue of religion in public schools. When you consider the rights of all Americans under the Constitution’s First Amendment, it is outrageous for the United States of America to have “freedom of religion”, and then place excessive limitations on students and teachers in public schools. There are a growing number of people opposed to the idea of religion being in school for a variety of reasons, from which the Government’s solution was to impose restrictions on all religions and deny others their rights in the defense of protecting the rights of a few. Teachers and students of all faiths should be able to attend a public school and freely express their beliefs without these limitations being imposed.
In the Constitution, it says that Congress will not make a law respecting an establishment of religion or one that restricts the free exercise of it. If Congress cannot uphold or restrict religion, should our schools be able to? Schools allow too much religious freedom for their students and restrict nonreligious students by allowing religious students several exceptions to various rules. These exceptions can infuriate parents and students alike. Expressing religion in schools is unnecessary and can cause tension; therefore, it should not be permitted in public schools.
“If we ever forget that we are “One nation under God,” then we will be a nation gone under” -- Ronald Reagan (BrainyQuote). Ronald Reagan makes a great point. America was created as a place for religious freedom. Now that freedom is beginning to be stripped away from us. One of the biggest reasons is due to the argument concerning whether or not religion should be allowed in school. It is believed, by many, that allowing education and religion to coincide is going against the first amendment. This argument is one that dates back to the eighteen hundreds, and has yet to be resolved. It is an American citizen’s right to freely express and learn about religion wherever they please, including the public school system.
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...