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Should church and state be separate
The influence of religion in education
Prayer in schools law in the united states
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Prayer in Public Schools
Religion is one of the most controversial issues in society today. The concern of allowing prayer in schools is an on-going debate and has resulted in numerous lawsuits. Religious school clubs, after school activities, curriculums, and moments of silence during school are just a few of the court cases that judges have administered. People in favor of prayer in schools believe that their children can only learn certain values through religious practice. On the other hand, an individual against religious practice in schools views this issue as an infringement on his or her children’s rights as Americans.
In a particular trial, Wallace V. Jaffree, an argument arose concerning a one-minute “meditation or voluntary prayer” in public schools (Wallace V. Jaffree). George Wallace, a governor of Alabama, agreed with the “1981 Alabama Statute (16-1-20.1) authorizing [this] 1-minute period of silence in all public schools” (Wallace V. Jaffree). The District Court agreed with Wallace and “ultimately held that the Establishment Clause of the First Amendment does not prohibit a State from establishing a religion” (Wallace V. Jaffree). In contrast, Appellee Ishmael Jaffree, a resident of Mobile County, Alabama objected this Alabama Statute. Since the one-minute prayer was voluntary, his children did not participate. They were then “exposed to ostracism from their peer group class members” for not participating (Wallace V. Jaffree). In the Wallace versus Jaffree trial, Jaffree has a stronger case because his complaints are justified through both the First and Fourteenth Amendments and the ideology of Separation of Church and State.
According to the First Amendment, “Congress shall make no law re...
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...a particular faith. Individuals against religion in schools do not want a faith to be part of a school day. Where do we draw the line? The individuals who support religion in schools have the right not to practice religion. In contrast, individuals against religion in schools have the same right to not practice religion.
In this particular case, or any other cases that may occur in the future, further research can be accomplished by identifying the boundaries for each argument. Sometimes the issues are so closely related that the solution becomes difficult to distinguish. Other times, evaluating the opinions of others helps to gain a broad consensus of what the majority desires. With this further research, there could be a better understanding of individual’s opposing thoughts, which could help establish a common ground and a solution to different cases.
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...
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).
In 1939, President Franklin D. Roosevelt recognized the place that religion holds in democracy. “Religion, by teaching man his relationship to God, gives the individual a sense of his own dignity and teaches him to respect himself by respecting his neighbor's. Democracy, the practice of self-government, is a covenant among free men to respect the rights and liberties of their fellows. International good faith, a sister of democracy, springs from the will of civilized nations of men to respect the rights and liberties of other nations of men. 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). This case occurred after Roosevelt’s presidency, and left a significant impact on the American government, as it made clear that religion had no place in the government (Hugo Black). In recent years, a larger disconnect between the church and the American court systems has been created with the nationwide
A popular notion among many religious conservatives is the rejection of what is commonly referred to as the separation between church and state. They maintain the United States was founded by leaders who endorsed Christian principles as the cornerstone of American democracy, and that the First Amendment prohibition against government establishment was not intended to remove religion from public life. As a result, a number of disputes have made their way through to the courts, pitting those ready to defend the wall of separation, against those who would tear it down. Two recent cases have brought this battle to the forefront of political debate. The first involves an Alabama Supreme Court justice, who, in defiance of a Federal judge, fought the removal of a granite display of the Ten Commandments from the rotunda of the state courthouse. Also, a California man has challenged the constitutionality of the phrase “under God” in an upcoming Supreme Court case involving student recitation of the pledge of allegiance.
This paper deals with the stance of our schools and government on prayer in school. In this paper I will show how our government is hypocritical in its dealings of the prayer in school issue and how some of us as citizens are hypocritical as well. I will discuss the freedom of religion rights and how its interpretation affects prayer in school. Also, I will address the popular phrase, “separation of church and state”, that is often used to argue against prayer in school.
With sounds of youthful laughter, conversations about the students’ weekends, and the shuffling of college ruled paper; students file into their classrooms and find their seats on a typical Monday morning. As the announcements travel throughout the school’s intercoms, the usual “Please stand for the Pledge of Allegiance” becomes no longer usual but rather puzzling to some students. “I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, indivisible, with liberty, and justice for all.” Confusion passes through some of the student’s minds. With the reoccurrence of “God” in the backdrop of American life, the relationship between church and state has become of little to no matter for American citizens just as it has with American students. While congress makes no law respecting an establishment of religion, the term “freedom of religion” presents itself to no longer be the definition of “free”, while also having its effects on debates today. According to Burt Rieff, in Conflicting Rights and Religious Liberty, “Parents, school officials, politicians, and religious leaders entered the battle over defining the relationship between church and state, transforming constitutional issues into political, religious, and cultural debates” (Rieff). Throughout the 20th century, many have forgotten the meaning of religion and what its effects are on the people of today. With the nonconformist society in today’s culture, religion has placed itself in a category of insignificance. With the many controversies of the world, religion is at a stand still, and is proven to not be as important as it was in the past. Though the United States government is based on separation of church and state, the gover...
How the judicial branch rules in cases relating to the 1st and how they relate that to all the rights of public school students. This includes anything from flag burning to not saluting the flag to practicing religion in school. The main point of this paper is to focus on the fact that schools have a greater ability to restrict speech than government.
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
Prayer in School: Good or Bad? As secular humanists and groups like the Christian Coalition are at war with each other regarding prayer in high schools behind closed doors in Washington DC, the average high school kid is the one that gets caught in the middle. For years now there has been a heated debate about whether or not prayer should be allowed in school. Every time the argument is rekindled, it ends in a stalemate, and is a topic that campaigning politicians tend to stay away from.
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.
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).
"I do not believe that any type of religion should ever be introduced into the public schools of the United States." -Thomas Edison. Religion and prayer in public schools is a big controversy for schools in the United States. School officials cannot take sides on religion since it will violate the first amendment which states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Establishing a specific religion in public school violates the first amendment, therefore public schools have to remain neutral when it comes to the matter of religion. Some people believe that teaching about religion should not be allowed considering it violates the separation of church and state, but that is not true. There are many issues regarding religion in public schools, however exercising your personal religion independently is not one of them. (Leitch, 1)
Religion should not be taken out of public schools that are funded by the government, because our government was based on religious principles from the very beginning. Our government was founded o...
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...
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...