Religious Freedom

Mozert v. Hawkins (1987) Legal question?

Is having required reading that contains religious views a violation of free expression?

What is the extent of students' religious freedom? (West Virginia v. Barnette 1943) Legal Question?

Can Saluting the Flag be made Compulsory?

Island Trees vs. Pico (1982) Court Decision?

The Court ruled that the book banning violated the First Amendment's Freedom of Speech Protection.

The three parts of the Lemon Test are...

1.Have a secular, that is, non-religious purpose? 2.Have the effect of neither advancing nor inhibiting religion? 3.Avoid excessive entanglement with religion?

What is the extent of students' religious freedom? Lee v. Weisman (1992) What happened?

A middle school graduation ceremony included an invocation by a rabbi, selected by the school principal, Lee. Student parent, Weisman, objected and filed for injunction.

What is the extent of students' religious freedom? Santa Fe Independent School District v. Doe (2000) What happened?

A student elected as student council chaplain delivered an overtly Christian Prayer at each home football game. One Mormon and one Catholic family filed suit.

What is the extent of students' religious freedom? Lee v. Weisman (1992) Procedure or Precedent?

According to the Establishment Clause, it is a violation of the constitution when schools uphold school-wide prayer exercises. It deemed that school graduation to be taking place on school or government property and is thus school sponsored prayer, violating the establishment clause.

Island Trees vs. Pico (1982) What happened?

After obtaining a list of "objectionable" books from a conservative parents' organization, a New York school board removed ten books from their school libraries because they were "anti-American, anti-Christian, anti-Semitic and just plain filthy." Steven Pico challenged school board's decision because the community group had the books banished not because they were lacking educational value, but rather the books were offensive to the group's "social, political, and moral taste."

What is the extent of students' religious freedom? Lee v. Weisman (1992) Court Decision?

By inviting the rabbi to speak at the graduation ceremony, the school created "subtle and indirect coercion" toward its students, violating the establishment clause.

What is the extent of students' religious freedom? Santa Fe Independent School District v. Doe (2000) Legal Question?

Can school support, by school policy, the delivery of prayer over the public address (PA) system by the student council president?

What is the extent of students' religious freedom? Engle v. Vitale (1963) Legal Question?

Can schools have an official prayer that they encourage students to recite?

Mozert v. Hawkins (1987) Court decision?

Decision 1: Lower court ruled in favor of parents and said that the School Board was in violation of their right to freedom of expression. Decision 2: The first decision was overruled on account that the views in the required readings were simply the views of another and the school board was not coercing the students.

Agostini v. Felton (1997) Legal question?

Does having public school teachers, who teach in title 1 parochial schools and don't teach relgion violate the establishment clause?

Zelman v. Simmons-Harris (2002) Legal Question?

Does offering tax financed school vouchers for students to attend private religious schools violate the Establishment Clause (1st Amendment)?

Island Trees vs. Pico (1982) Legal Question?

Does the Board of Education's decision to ban certain books violate the First Amendment's freedom of speech protection?

What is the extent of students' religious freedom? Lee v. Weisman (1992) Legal Question?

Does the inclusion of clergy who offer prayers at official school ceremonies violate the Establishment Clause of the First Amendment?

What is the extent of students' religious freedom? Engle v. Vitale (1963) Principle or precedents?

Established that school sponsored prayer was unconstitutional establishment of religion, even allowing children to remain quiet or leave the room was not sufficient protection of their religious freedom.

What is the extent of students' religious freedom? (West Virginia v. Barnette 1943) Court Decision?

Free Speech Clause of the First Amendment protects students from being forced to salute the American Flag or say the Pledge of Allegiance in public school.

Board of Education of Westside Community School v. Mergens (1990) What happened?

Group of students tried to start a Christian after-school club. School administration used Establishment Clause to deny the right to form a club. Students sued.

What is the extent of students' religious freedom? (West Virginia v. Barnette 1943) Principle or Precedence?

In public schools every child has the right to believe and practice the ideas or faith that they choose.

What is the extent of students' religious freedom? Santa Fe Independent School District v. Doe (2000) Court Decision?

It violated the establishment clause of the First Amendment and decided that it sends the ancillary message to members of the audience who are nonadherents that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community.

Agostini v. Felton (1997) What happened?

New York City Board of Education's employed teachers to provide on-site remedial instruction to educationally deprived students

Board of Education of Westside Community School v. Mergens (1990) Court Decision?

No. Due to Equal Access Clause it is unlawful for any public secondary school to deny access to student-initiated groups on the basis of religion, political, or philosophical content of their speech

Agostini v. Felton (1997) Court decision?

No; public school teachers who work in parochial schools will not lead to state established religion based on the lack of incentive to attract religion.

Zelman v. Simmons-Harris (2002) What happened?

Ohio's Pilot Project Scholarship program provides aid for tuition in the form of vouchers for both religious and non religious private schools. The aid is distributed depending on the financial needs of the family. A group of Ohio taxpayers sought to enjoin this program on the grounds of being in violation of the Establishment Clause.

What is the extent of students' religious freedom? Santa Fe Independent School District v. Doe (2000) Procedure and Precedents?

Prayer at football games is deemed to be taking place on school or government property and is thus school sponsored prayer, violating the establishment clause.

Mozert v. Hawkins (1987) principle or precedent?

Provides precedence that schools can teach controversial religious beliefs as long as they are not condoning or supporting them.

Board of Education of Westside Community School v. Mergens (1990) Principle and Precedents?

School administration is prohibited from denying a group from the same access as other groups based on religion, politics, or philosophical content of speech.

Island Trees vs. Pico (1982) Principle or precedent?

The Court held that the First Amendment limits the power of public junior high and high school officials to remove books from school libraries because of their content.

What is the extent of students' religious freedom? Engle v. Vitale (1963) What happened?

The New York State Board of Regents required the reading of a school-sponsored, non-denominational prayer. Those who did not wish to recite the prayer were excused from participating. Challenged by parents that it violated the establishment clause of the First Amendment and was in conflict with the beliefs and religious orientation of some students.

What is the extent of students' religious freedom? (Lemon Test)

The case, Lemon v Kurtzman In 1971, the U.S. Supreme Court issued a landmark ruling in Lemon v. Kurtzman in which it denied public aid to private and parochial schools for the salaries of teachers of secular subjects as well as instructional materials for certain secular subjects. It ruled that the establishment clause is designed to prevent three evils: sponsorship, public support, and active involvement of the government in religious activity. The Lemon test is a three-part test. Does the proposed action: 1.Have a secular, that is, non-religious purpose? 2.Have the effect of neither advancing nor inhibiting religion? 3.Avoid excessive entanglement with religion?

Zelman v. Simmons-Harris (2002) Court Decision?

The opinion of the case determined this was not unconstitutional as the Ohio program gave choice to the student and remained neutral to any religion. "Ohio's program is part of Ohio's general undertaking to provide educational opportunities to children", The religious element "is reasonably attributable to the individual aid recipients not the government."

What is the extent of students' religious freedom? Engle v. Vitale (1963) Court Decision?

The prayer was religious in nature and presenting it for recitation by the class did in fact violate the establishment clause and was illegal.

Zelman v. Simmons-Harris (2002) Principle or precedent?

The student choosing to go to a religious private school is a reflection of the student and their family's choices, not the government.

Mozert v. Hawkins (1987) What happened?

This case started with parents, under Bob Mozert, who thought their right to freedom of expression was being violated because their students were required to read about controversial topics.

Board of Education of Westside Community School v. Mergens (1990) Legal Question?

Was Westside's prohibition against the formation of a Christian club consistent with the Establishment Clause?

Agostini v. Felton (1997) Principle or precedent?

We, as public school teachers can work in Title 1 parochial schools without violating the Establishment Clause. Title 1 teachers provide important services to children in poverty and they should be allowed to serve students in religious schools. Title 1 teachers in this case are serving a secular purpose. Would be different if publicly paid teachers were paid to advocate for a particular religion.

What is the extent of students' religious freedom? (West Virginia v. Barnette 1943) What happened?

West Virginia Board of Education passed a resolution that made a daily flag salute a requirement in all public schools for both teachers and students. Refusal to participate in the flag salute by teachers was grounds for dismissal, for students it would be expulsion. Barnette's were Jehovah's Witnesses attending Slip Hill Grade School near Charleston, West Virginia, who were instructed by their father not to salute the flag or recite the pledge, and were expelled for their refusal.