Religious Rights in Public Schools
"JESUS in the classroom!" Are you feeling uncomfortable yet? Religion in the public school systems is among the top of the list of controversial topics in American society, We've long been advised to avoid this and other religiously politically intertwined subjects in polite conversation. If you're like most Americans, this topic makes you frustrated, high strung, or at least a little queasy. From the day the 1st amendment right appeared in the U.S. Constitution, to this present day, and surely into our nation's tomorrows, the proper role of religion in public schools has been, is, and will continue to be a subject of great debate. It is important for school officials, parents, and students to have a clear understanding of the 1st amendment and how it affects their religious rights and the religious rights of others in a public school setting. Unfortunately, most people are confused or misguided when it comes to this issue. The purpose of this paper is to guide the reader through a clear understanding of the 1st amendment; the impact it has had in education, the religious freedoms it grants to students, and the religious freedoms it grants (or doesn't grant) to teachers.
The Constitution exists precisely so that opinions and judgments, including can be formed, tested, and expressed. These judgments are for the individual to make, not for the Government to decree even with the mandate or approval of a majority (Supreme Court Justice Anthony M. Kennedy, 1999). In knowing that, the 1st amendment states, "Congress shall make no law respecting an establishment of religion or prohibiting free exercise thereof…" As you can see there are two clauses in this part of the amendment. ...
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The Free Exercise Clause of the First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. Meaning, Congress cannot forbid or ban the exercises or beliefs of any religion. However, the government can in fact interfere with religions practices. This means that the government cannot prohibit the beliefs of any religion, but can intervene in certain practices.
The first Amendment of the United States Constitution says; “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, and to petition the Government for a redress of grievances.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
“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, and to petition the Government for a redress of grievances” (U.S. Constitution).
The First Amendment of the United States Constitution includes the Establishment Clause and the Free Exercise Clause. These clauses instruct that legislature shall neither establish an official religion nor unnecessarily restrict the practice of any religion. U.S. Const. amend. I.
1. In the First Amendment, the clause that states “Congress shall make no law respecting the establishment of religion” is based on the Establishment Clauses that is incorporated in the amendment. This clauses prohibits the government to establish a state religion and then enforce it on its citizens to believe it. Without this clause, the government can force participation in this chosen religion, and then punish anyone who does not obey to the faith chosen. This clause was in issue in a court case mentioned in Gaustad’s reading “Proclaim Liberty Throughout All the Land”. March v. Chambers was a court case that involved the establishment clause. Chambers was a member of the Nebraska state legislature who began each session with prayer by a chaplain who was being paid the state. The case stated that this violated the Establishment Clause of the First Amendment. However, the court stated that the establishment clause was not breached by the prayer, but was violated because of the fact that the chaplain was being paid from public funds.
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
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." These opening words of the First Amendment of the Constitution set forth a guarantee of religious freedom in the United States. The Establishment clause was intended to accomplish this end by, in the words of Thomas Jefferson, creating a "wall of separation between Church and State." The First Amendment prevented the government from interfering in it's citizens religious lives. It did not, however, prevent the federal government from engaging in it's own.
“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, and to petition the Government for a redress of grievances.” (First Amendment Center, 2008)
In the United States, the average child goes through public funded schools that have a basic curriculum. According to the Texas Education Agency, some of the subjects include science, mathematics, social studies, English, and more. Nowhere in the subject is religion included. The basic curriculum is made in order to give students skills, knowledge, and to help develop the minds of the future. In science class, evolution is taught either briefly or detailed. It is taught because it is a popular theory that did not seem to choose a certain religion. So why believe that religion and science can be taught together? The evolution of Earth and the universe can be believed in any way an individual chooses.
The First Amendment clearly voices a great American respect toward the freedom of religion. It also prevents the government from "abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the Government for a redress of grievances." Since the early history of our country, the protection of basic freedoms has been of the utmost importance to Americans.
"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).
Prohibiting School Prayer Threatens Religious Liberty. Civil Liberties. Ed. James D. Torr. -. San Diego: Greenhaven Press, 2003.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press, or the right of peaceably to assemble, and to petition the government for the redress of grievances” (United States Constitution).
Many individuals believe that the first amendment prohibits religion to be taught or exercised in a public school setting. They believe this because they feel as if it infringes on an American citizen’s right. Often times there can be discrimination against minority groups. An example of this was after the 9/11 attack in New York. Discrimination against Sikh-Americans became increasingly worse because they were often accused of being allied with Al Qaeda. People are worried that if we do teach the religion in school, bullying will grow to become an even bigger problem (“Religion in Schools: A”).
While students are attending public schools they should be aware of their religion options. The student should have the right to practice their religion as they please, just on the own time. Yes, religion plays a huge part in molding a person but, should be practiced when the time is available, not in a classroom setting. The government should have the ability to control the protection of the students that just want to learn. The capability to regulate the religious practices while attending public educational institutions should be left to the government. Faith, religion and belief, usually are three words that are used to describe one situation, although these words have three different meanings. To have faith in something or someone you must first believe in it and also accept it as well, but have a belief without evidence. Religion is a belief in a heavenly superhuman power or principle, such as the almighty or creator to all things. Everyone has faith and belief, but not all believers believe in the almighty. Allowing religion into public schools while everyone attending not having the same belief is unfair, unconstitutional and is complicated to teach to a verity of students.