Ch 2: Religion and Public Schools

religious services

held on a regular basis would violate the establishment clause

Student may pass out religious pamphlets

if the distribution does not interfere with normal school activities or create material or substantial disruption

School Sponsored prayer

illegal and cannot be justified based on First Amendment prohibitions

Private voluntary prayer by a student

is permissible under the free exercise clause of the first amendment

Voluntary student-led prayer

likely pass court scrutiny when it is initiated solely by students without involvement of school personnel

voluntary student led prayer

likely pass court scrutiny when it is initiated solely by students without involvement of school personnel

Wearing religious garb by teachers

may b disallowed if their dress creates a reverent atmosphere

No form of religious discrimination

may be used to influence decisions regarding employment, promotion, salary increments, transfers, demotions, or dismissals

Public Schools and religious exhibits or other visual materials

may not display, but can acknowledge and explain the various holidays of all cultural and religious groups as a unit in cultural heritage as long as a secular purpose is served

Teachers assigned to teach the Bible

must be properly instructed on how and what to teach

religious rights of teachers

must be respected, as long as they do not violate the establishment clause of the First Amendment by creating excessive entanglement in the school

Bible Teaching

must be taught objectively and in a strict secular manner

Public schools as state agencies

must maintain a neutral position in their daily operations regarding religious matters; state can neither aid nor inhibit religion

closed forum

no clubs are allowed to use school facilities during noninstructional hours

Free dress

not punished for beliefs

school sponsored holiday programs

permitted if they are not conducted in a religious atmosphere

Sixth Circuit Court

prayer at school board meetings is potentially coercive to students in attendance; endorses a religion

Epperson

prevented lawmakers from banning the teaching of evolution in public schools since it is a science rather than a secular religion; biological evolution is a fact; discretion of the school board to include evolution

Student initiated prayer

probably permissible at school events when not endorsed by school officials

free exercise clause

prohibits the state from interfering with individual religious freedoms

establishment clause

prohibits the state from passing laws that aid a religion or show preferences for one religion over another

child benefit theory

public aid directly benefits the child rather than the parochial school; valid if parochial children are the primary beneficiaries of a public supported service provided for all children; if aid serves to benefit primarily parochial schools, it will be deemed impermissible and a violation of the 1st Amendment

School officials must make reasonable accommodations for teachers

regarding observance of special religious holidays, as long as such accommodations are not deemed excessive or disruptive to the educational process

limited open forum

school grants an offering to or opportunity for one or more noncurriculum related student groups to meet on school premises during noninstructional time; before or after school

When teaching the Bible, teachers

should not create a devotional (religious) atmosphere when teaching the Bible

Parochial School tuition

tuition reimbursement is deemed unconstitutional

Equal Access Act of 1984

under federal statute, it is unlawful for any public secondary school that receives federal financial assistance that has created a "limited open forum" to deny access to student-initiated groups on the basis of religion, political, or philosophical content to their speech. A limited open forum exists when an administrator allows one or more non-curricula-related student groups to meet on school premises during non-instructional time

School authorities must respect the free exercise rights of students

unless the exercise of those rights violates the rights of others or disrupts the educational process

Primary Effect Test

used to determine the impact of the statute and practice relating to each case; raises the question of whether the primary purpose of the law or practice has the effect of advancing or inhibiting religion and creating excessive entanglement between church and state; violation of First Amendment

Invocations at school sponsored athletic activities

violate the establishment clause of the First Amendment

Prayer at school board meetings

violates the establishment clause, creates excessive entanglement, and cannot be justified on the basis that such meetings are similar to legislative sessions rather than school events

Prayer at School Board Meetings

violates the establishment clause, creates excessive entanglement, and cannot be justified on the basis that such meetings are similar to legislative sessions rather than school events (Sixth Circuit Court)

Institutionally sponsored public prayer

violation of the establishment clause of the First Amendment;

silent meditation or any other type of devotional activity sanctioned by schools

will not be supported by the courts

Kitzler v Dover

teaching intelligent design is unconstitutional because it carries religious connotations

Teachers may be requested to present documentable evidence

that a religious belief or right is violated

Schempp Case

Bible-reading practices are unconstitutional and found to be advancement of religion and a clear violation of the separation of church and state; use of Bible for historical, literary, ethical, or philosophical document is permissible if a secular purpose is clearly served

Ten Commandments

U.S Supreme Court held that posting of the Ten Commandments in a public school setting is unconstitutional

Engle v Vitale

U.S. Supreme Court banned prayer in any form in all school activities across the nation, based on a violation of the establishment clause of the First Amendment

Pledge of Allegiance

students may not be compelled to recite based on their right to freedom of expression

Reynolds v United States

1879; U.S. Supreme Court invoked Thomas Jefferson's view that there should be a wall of separation between church and state

Jones v Clear Creek Independent School District

Fifth Circuit Court held that (voluntary) non-sponsored, student-initiated prayer at graduation ceremonies did not offend the First Amendment prohibition regarding separation of church and state; exercise of students' First Amendment right to freedom of speech

Religious holidays

First Amendment prohibits states from either aiding religion or showing preference for one religion or another; no worship or devotional services nor religious pageants or plays of any nature should be held in any school. Certain programs allowed if a secular purpose is clearly served

Everson case

Neither state or Federal Government can not set up a church; cannot pass laws that aid one religion, aid all religions, or prefer one religion over another; cannot force or influence a person to go to or remain away from church against their will or force him to profess a belief or disbelief;

Cantwell v Connecticut

Precendent; 14th Amendment made the 1st Amendment applicable to state action; providing the same constitutional guarantees to citizens against state infringement of their religious rights by prohibiting the establishment of religious practices in public schools

Lemon Test

three part establishment clause test: a state practice that is challenged as unconstitutional must meet the criteria that it has a secular purpose, that its practice neither advances nor prohibits religion, and that it does not foster excessive entanglement between the state and religion

Teachers should not be coerced

to participate in nonacademic ceremonies or activities that violate their educational beliefs or convictions

Santa Fe case

U.S. Supreme Court ruling does not prevent students from discussing religion in public school or praying publicly, as long as such activities are voluntary; allows student athletes to voluntarily engage in prayer at an athletic event as long as school officials remain completely neutral

Student clubs and religious clubs

allow both to meet on school premises; same privileges; especially where there are ideological differences between the administration and the student groups

release time for religious instruction

allowed if evidence reveals that no public school resources were used; violates the establishment clause if public school resources are used

School-sponsored Bible reading in public school

an illegal activity; Bible may be used as an instructional document to meet a secular purpose

Athletic Contests

any type of school sponsored prayer at athletic contest is a violation under the establishment clause of the First Amendment

Engle Case (Supreme Court Case)

bans prayer in public schools; prayer was religious in nature and violated the establishment clause of the First Amendment (school sponsored non-denominational, voluntary prayer, recited)

No Child Left Behind Act

district is required to certify in writing to their state agencies that no local district policy prevents or denies participation in constitutionally protected prayer in their public schools. (condition of NCLB funding)

Establishment clause of the First Amendment

does not prohibit student initiated private prayer; students have the right to pray voluntarily any time and any place as long as it is private, strictly voluntary and does not infringe on the rights of others.

US court of Appeals for the Eleventh Circuit

editorial control of mural because it was school-sponsored speech that could be considered part of the curriculum; not censorship

Free speech right of students in religious matters

editorial control over murals because they were school-sponsored speech that could be considered part of the curriculum