The constitution is a set of laws set by the government to protect the nation’s rights. One of those rights is the First Amendment which discusses the prohibition of an established religion and allows the free exercise of religion. Thomas Jefferson had written a letter discussing the separation of church and state, which has resulted in many debates over the limitations of religion in the public schools (Hamburger). There is research that supports both the arguments that students can benefit academically from the influence of religion and from keeping religious teachings separate from public schools.
Early in America's history, when it first became a country, public schools were administrated by Protestants. As a result, Protestant prayers and services became incorporated into the curriculum. Even though this was a long time ago there was a conflict with this issue because Catholic students in the schools were being taught that Catholic teachings were not true. This caused many Catholic parents to sue public schools, but no change came of it. This is one of the reasons that there are many private Catholic schools today (Irvine 187). Years later, the theory of Creationism (founded on the Christian belief that God created man), which was being taught in schools, was challenged by Darwin’s theory of Evolution. Scopes v. Tennessee is a court case that came out of this dispute between Creationism and Evolution. A teacher, John Scopes, was accused by the Tennessee State for teaching Evolution as part of the science class curriculum (Settle 121).
Today religious ideals and practices are not taught by teachers in public schools, although there are after-school activities and clubs based on religion. Regardless, there are many people who...
... middle of paper ...
...he constitutional law separating religion from public schools should ensure that.
Works Cited
Dworkin, Roberts. “Bad Arguments: The Roberts Court & Religious Schools.” New York Review of Books. 12 March 2010: eBook.
Hamburger, Philip. Separation of church and state. Cambridge: Harvard University Press, 2002. eBook.
Irvine, Jacqueline, and Michele Foster. Growing Up in Catholic Schools. New York: Teachers College Press, 1996. 187.
King, Pamela. "Religion and Identity: The Role of Ideological, Social, and Spiritual Contexts" Applied Developmental Science 7.3 (2003): 197-204. Web. 25 Apr. 2011.
< http://www.informaworld.com/10.1207/S1532480XADS0703_11 >
Marzilli, Alan. Religion in Public Schools. Chelsea: Chelsea House Publishers, 2004. eBook.
Settle, Mary Lee. The Scopes trial: The State of Tennessee v. John Thomas Scopes. New York: F. Watt, 1972. 121.
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.
First Amendment Rights of Public School Students 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. Research Question Does government or school districts have the ability to restrict free speech? This is a very important question because this gives great power to one over the other.
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
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.
Brandt, Anthony. "Do Kids Need Religion." The Presence of others: Voices and Images that Call for Response. Ed. Andrea A. Lunsford, John J. Ruszkiewicz. New York: St. Martin’s 2000. 191-198.
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.
Shnayerson, Robert. The Illustrated History of The Supreme Court Of The United States. New York: Abrams, 1986.
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.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
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.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
"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).
Since the Age of the Enlightenment, the institution of religion has had to contend with the opposition of science regarding the issues of the origins of the world and of the human species. Up until around the end of the 17th century, the church was the authority on how the world and everything in it had come to be. However, with the great intellectual revolution came thinkers such as Galileo, Copernicus, Bacon, Descartes, and many others who challenged the biblical assumptions with empirically deduced scientific theories. The Catholic Church had a nasty habit of persecuting such ideological dissent toward creationism, calling it heresy and thereby somewhat suppressing a complete upheaval of the Scriptures. For many centuries to come, the scientific research grew and developed into theories like the Big Bang and evolution, though primarily in places where such progress was tolerated. The state of Tennessee in 1925 was not such a place. In the town of Dayton in Tennessee, a high school biology teacher was found to be in violation of a recently passed law, the Butler Act, because he taught the theory of evolution in his classroom. The debate that ensued has yet to be resolved, what with the modification of creationism into the theory of intelligent design. The argument in favor of creationism was solely based in scripture, though it had to be changed in light of its revamping, whereas the argument for evolution has only been strengthened by continued scientific discoveries.
For the purposes of this study I have defined cultural identity as the feeling of self-definition an individual has which is formed through a sense of belonging to a certain group. In this presentation I will be looking specifically at the effects of religion to this sense of cultural identity.
University of Michigan. “Religion in Schools: A look at how religious practices influence education.” .