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Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Prayer in Public Schools
Case Study:
Special Topic Lecture
Chapter 4: Civil Liberties and Public Policy
Edwards, Wattenberg, and LineberryGovernment in America: People, Politics, and
PolicyFourteenth Edition
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Religion and the FoundingDebate on religion and politics often focuses on how the founders, as a group, saw that relationship.There is no universal answer to how the founders viewed religion.
– The founders did and said too many different things—cannot say that one view on religion is the only view of the founders or the character of the nation.
– Today’s problems can’t be solved by looking to what the founders did.
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Religion and the FoundingA “Christian” country?
– John Winthorpe’s “City on a Hill” sermon saw a divine mission in the new colonies.
– Many founders were religious dissenters: John Adams (Unitarian); Thomas Jefferson and Ben Franklin (deists); Thomas Paine (atheist)
A country devoted to religious liberty?– Jefferson passionately supported religious
liberty.– Many colonies had state churches and religious
requirements for political offices.
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Freedom of ReligionThe First Amendment does not grant “freedom of religion.”
Two specific freedoms:– Freedom from the establishment of religion.– Freedom from interference in the exercise of
one’s religion.
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Establishment Clause“Congress shall make no law respecting the establishment of religion . . .”
Meanings:– No State Religion, or– Wall of Separation, or– Neutrality and Non-promotion– NOT: absence of religious coercion
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Free Exercise Clause“ . . . nor prohibiting the free exercise thereof.”
Meanings– Beliefs cannot be prohibited, AND– Practices cannot be prohibited on religious
grounds, BUT– Laws can prohibit a practice generally even if
some religions do it.
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Free Exercise ClauseThe Free Exercise Clause– Some religious practices may conflict
with other rights, and then be denied or punished• Employment Division v. Smith (1988)• Religious Freedom Restoration Act (1993)
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Exercise vs. Establishment
Free exercise by government officials can establish religion.
– Wearing religious clothing while carrying out one’s official duties can create an establishment of religion, even if one’s religion requires the clothing.
Most often, preventing establishment takes precedence over allowing free exercise.
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School PrayerEngel v. Vitale (1962)
– Official school prayer was recited at the beginning of each day, led by school officials.
Abington School District v. Schempp (1963)
– State law required bible recitations at the beginning of each school day.
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School PrayerOrganized religious activities in public schools constitute establishments of religion.
– Engel: School officials cannot promote religion, even non-coercively.
– Abington: With regard to religion, “The government is neutral, and, while protecting all, it prefers none, and it disparages none.”
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School PrayerSchool sponsorship is the decisive factor.
– School-sponsored actions are not free exercises of religion.
– Student-led prayer is unconstitutional if it is school-sanctioned. Santa Fe ISD v. Doe (2000)
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School PrayerIs this a First Amendment violation?– Establishment or free
exercise?• School sanctioned
– Is the act neutralamong religions?
• To whom do atheistspray?
Violation of the establishment clause.
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School PrayerA student prays silently to herself before an exam. The teacher punishes her. Have her rights been violated?
– The religious act is undertaken by a private citizen, not a government official.
– There is no establishment of religion; neither Engel nor Abington apply.
– The student’s free exercise rights have been violated.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
School Prayer and Democracy
Social inclusion is one element of a democratic political system.– Coercion isn’t necessary for
establishment to be a problem.– Establishments of religion create “in”
and “out” groups.– Excluding groups from participation in
social practices undermines democracy.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
SummaryFreedom “of religion” is freedom from establishment and freedom to exercise.School sanctioned prayer is an establishment of religion.Court cases prohibiting school prayer only prohibit school-sanctioned prayer.
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