Religion in the Public Schools

Religion in PUBLIC Schools  The Founding fathers NEVER intended to take the influence of religion out of government – BUT provided protection to the church from government.  If you take religion out of American life... all you have left is an empty shell. From: Charles Colson, Loving God

Religion in PUBLIC Schools  “Nothing in the 1st Amendment converts our public schools to religion-free zones or requires all religious expression to be left at the schoolhouse door." President Bill Clinton, 1995

First Amendment – US Constitution “The Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate. The right is in its nature and an unalienable right.” “The proper role for the school is neutrality toward religion – the role is neither restriction nor promotion.” -- James Madison, 1785

The principal should be able to: 1.Explain the position that religious liberty is a universal human right, the preservation of which depends upon a reciprocal responsibility to respect that right for everyone. 2. Explain how the constitutional principles of religious liberty are the ground rules that enable people of all faiths and none to live together as citizens of one nation. 3. Explain the principles of religious liberty or freedom of conscience as found in the First Amendment of the U.S. Constitution. WHAT PRINCIPALS SHOULD KNOW ABOUT RELIGION THE LAW AND COURT DECISIONS

4. Explain various interpretations of the constitutional relationship of religion and government in American political life. 5. Explain the significant role religion and religious belief have played in American history and politics. 6. Explain the relationship of religious liberty to the strength and diversity of religious life in the United States. 7. Take, defend, and evaluate positions on constitutional issues regarding religious beliefs and practices.  From: Finding Common Ground, Section 3, Page 2, The Freedom Foundation, 1996

Establishment Clause (1 st Amendment) Lemon (v. Kurtzman, 1971)  This case was heard concurrently with two others, Early v. DiCenso (1971) and Robinson v. DiCenso (1971). The cases involved controversies over laws in Pennsylvania and Rhode Island. In Pennsylvania, a statute provided financial support for teacher salaries, textbooks, and instructional materials for secular subjects to non-public schools. The Rhode Island statute provided direct supplemental salary payments to teachers in non-public elementary schools. Each statute made aid available to "church-related educational institutions."  Did the Rhode Island and Pennsylvania statutes violate the First Amendment's Establishment Clause by making state financial aid available to "church- related educational institutions"? Yes.

Establishment Clause (1 st Amendment) Lemon (v. Kurtzman, 1971) The Court's decision in this case established the "Lemon test", which details the requirements for United States legislation concerning religion. It consists of three prongs:United Statesreligion 1)Has a secular purpose; 2)Has a primary effect which neither advances nor inhibits religion; 3)Causes no excessive entanglement of the government with religion. If any of these three prongs is violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.Establishment ClauseFirst AmendmentUnited States Constitution

Establishment Clause (1 st Amendment) Lee (v. Weisman, 1992) “coercion test”: In keeping with the practice of several other public middle and high school principals in Providence, Rhode Island, Robert E. Lee, a middle school principal, invited a rabbi to speak at his school's graduation ceremony. Daniel Weisman's daughter, Deborah, was among the graduates. Hoping to stop the rabbi from speaking at his daughter's graduation, Weisman sought a temporary restraining order in District Court - but was denied. After the ceremony, where prayers were recited, Weisman filed for a permanent injunction barring Lee and other Providence public school officials from inviting clergy to deliver invocations and benedictions at their schools' ceremonies. Does the inclusion of clergy who offer prayers at official public school ceremonies violate the Establishment Clause of the First Amendment?

Establishment Clause (1 st Amendment) Lee (v. Weisman, 1992) “coercion test”: Does the inclusion of clergy who offer prayers at official public school ceremonies violate the Establishment Clause of the First Amendment? Yes. In a 5-to-4 decision, the Court held that government involvement in this case creates "a state-sponsored and state-directed religious exercise in a public school." Such conduct conflicts with settled rules proscribing prayer for students. The school's rule creates subtle and indirect coercion (students must stand respectfully and silently), forcing students to act in ways which establish a state religion. The cornerstone principle of the Establishment Clause is that government may not compose official prayers to recite as part of a religious program carried on by government. The government directs... 2) A formal religious exercise... 3)That obligates the participation of objectors.

Establishment Clause (1 st Amendment) Mergens (v. Westside, 1990) “captive audience”: The school administration at Westside High School denied permission to a group of students to form a Christian club with the same privileges and meeting terms as other Westside after-school student clubs. In addition to citing the Establishment Clause, Westside refused the club's formation because it lacked a faculty sponsor. When the school board upheld the administration's denial, Mergens and several other students sued. The students alleged that Westside's refusal violated the Equal Access Act, which requiremes that schools in receipt of federal funds provide "equal access" to student groups seeking to express "religious, political, philosophical, or other content" messages. Was Westside's prohibition against the formation of a Christian club consistent with the Establishment Clause, thereby rendering the Equal Access Act unconstitutional?

Establishment Clause (1 st Amendment) Mergens (v. Westside, 1990) “captive audience”: No. In distinguishing between "curriculum" and "noncurriculum student groups," the Court held that since Westside permitted other noncurricular clubs, it was prohibited under the Equal Access Act from denying equal access to any after-school club based on the content of its speech. The proposed Christian club would be a noncurriculum group since no other course required students to become its members, its subject matter would not actually be taught in classes, it did not concern the school's cumulative body of courses, and its members would not receive academic credit for their participation. The Court added that the Equal Access Act was constitutional because it served an overriding secular purpose by prohibiting discrimination on the basis of philosophical, political, or other types of speech. As such, the Act protected the Christian club's formation even if its members engaged in religious discussions. (On appeal from an adverse District Court ruling, the Court of Appeals found in favor of the students. The Supreme Court granted Westside certiorari.)

Federal Guidelines (1995)  Students can read religious books, say a prayer before meals and pray before tests, etc. to the same extent that they may engage in comparable secular non-disruptive activities.  In informal settings (cafeterias, hallways, etc.) students may pray and may discuss religious topics with other students, just as they may talk about other subjects.  Students can proselytize with other students; however they cannot engage in religiously motivated harassment  No student can be coerced into participating in any religious activity.  Teachers and administrators cannot discourage or promote religious activity because of its religious content; this applies to anti-religious activity as well.

Federal Guidelines (1995)  Schools can teach about religion and its role in society; they can teach about the Bible as literature. But they cannot provide religious instruction.  Students can distribute religious literature in the same way that they are permitted to distribute non- religious literature.  Students may be released to attend religious classes at other location; teachers and administrators cannot encourage or discourage students from taking advantage of such classes.  Schools can teach about common civic values, but they must be neutral with respect to religion.

Key Court Cases/Legislation  Equal Access Act – (1984) Attempts to strike a balance between the prohibition against “establishment” and the guarantee of the right to “free exercise.”  Garnett v. Renton SD – (1987, 1989, 1993) Preempts State Law/Constitution when Congressional purpose is upheld by Supreme Court.  Religious Freedom Restoration Act – (1993) * [Ruled Unconst. 1997] Protects “free exercise” Restores freedoms established prior to 1990 court cases.  Employment Division v. Smith (Oregon)  Prince v. Bethel SD (1999) – On appeal School clubs given full participation, but not EQUAL to school sponsored clubs.