school law power point

Religion in the Public Schools:Religion in the Public Schools:

Where is the line between Church and State?Where is the line between Church and State?

United States Constitution

• Fundamental Law of the Land

1st Amendment – Freedom of Speech, Assembly and Religion

1. Establishment Clause – prohibitsgovernment endorsement of religion

2. Free Exercise Clause – protectsfreedom to practice religion

Critical Question -When may you practice religion in public schools?

Supreme Court PrecedentsSupreme Court Precedents

• Court Precedents – “the making of law by a court in Court Precedents – “the making of law by a court in recognizing and applying new rules while recognizing and applying new rules while administering justice.”administering justice.”

» Black’s Law DictionaryBlack’s Law Dictionary

• As opposed to statutes (laws) created by the As opposed to statutes (laws) created by the Legislative Branch. The Supreme Court interprets the Legislative Branch. The Supreme Court interprets the U.S. Constitution and is the highest court in the landU.S. Constitution and is the highest court in the land

Court Precedents

• Everson v. Board of Education (1947)– Facts: In Everson the Supreme Court upheld a

New Jersey statute funding student transportation to schools, whether parochial or not.

– “Child benefit” theory was applied and the ruling equated busses to safety infrastructure like fire and police

Court Precedents

• McCollum v. Board of Education (1948)– Facts – Group of parents wanted to allow

students, grades four through nine, time during the school day for voluntary religious classes taught by a member of the local clergy as well as local lay religious leaders

– Parent objected because her child was being ridiculed for not participating in the “voluntary” activity

Court Precedents

• McCollum cont…– The high Court ruled in favor of McCollum

because the majority believed that the public school system and the School Board in particular, were highly involved in supporting classes that support religious instruction - religious instruction cannot happen in school.

Court Precedents

• Zorach v. Clausen (1952)– Facts-New York City program which permitted

its public schools to release students during the school day so that they may go to religious centers for religious instruction or devotional exercises

– Supreme Court ruled it unconstitutional for religious instructors to enter public schools and to provide religious instruction – based on McCollum

Court Precedents

• Zorach cont…– the Court that held the released time program

neither constituted the establishment of religion nor interfered with the free exercise of religion so it was ok – Accommodated religions freedom

Court PrecedentsCourt Precedents

• Engel v. Vitale (1962) – Required morning prayer

Facts: New York state law requiring students cite non-denominational prayer each morning at school. Hyde Park School District required: “Almighty God, we acknowledge our dependence on Thee, and we beg Thy blessings upon us, our parents, our teachers, and country.”


Engel v. VitaleEngel v. Vitale cont… cont…Supreme Court:Supreme Court:

First Amendment guarantees that government First Amendment guarantees that government cannot control, support, or influence the kinds of cannot control, support, or influence the kinds of prayers citizens can say. Prayer did not serve secular prayers citizens can say. Prayer did not serve secular purpose.purpose.


• • Abington Township v. SchempAbington Township v. Schemp (1962) - (1962) - Required Bible ReadingRequired Bible Reading

Facts:Facts:

Pennsylvania law required reading ten verses Pennsylvania law required reading ten verses from the Bible. Abington School District required from the Bible. Abington School District required reciting “Lord’s Prayer” each morning.reciting “Lord’s Prayer” each morning.

Court Precedents Court Precedents

• Abington Abington Cont…Cont…

Supreme Court: Supreme Court:

Violated neutrality of Violated neutrality of EstablishmentEstablishment Clause, “using Clause, “using machinery ofmachinery of government government for the for the majority to practice its beliefs.”majority to practice its beliefs.”


Lemon v. KurtzmanLemon v. Kurtzman (1971) (1971)– Facts: Consolodated case - Government was paying Facts: Consolodated case - Government was paying

teachers in religious schools to teach secular subjects teachers in religious schools to teach secular subjects such as math. such as math. –

Supreme Court established a “Three Pronged Test”1. Secular purpose2. Primary effect to advance or inhibit religion3. Excessively entangles government with religion.

• If practice fails at least one criteria, violates the First Amendment.

Lemon v. Kurtzman Cont…

• Court found excessive entanglement since teachers would have to be monitored to make sure they were not teaching religion

Court Precedent Court Precedent

Stone v. Graham (1980) Ten Commandments Posted

Facts:

• Kentucky law requiring the “The commandments” be posted in public classrooms.


Stone v. Graham cont…Supreme Court:

• Utilized “Lemon” Three Prong Testand concluded the posting served noeducational purpose and was notsecular. Constituted and advancement of religion.


Wallace v. Jaffree (1985) Voluntary - Morning Prayer

Facts: 1981 Alabama law requiring schools to observe a “period of silence not to exceed one minute in duration…for meditation or voluntary prayer.”



• Wallace cont… The Court held that Alabama's passage of the prayer and meditation statute was not only a deviation from the state's duty to maintain absolute neutrality toward religion, but was an affirmative endorsement of religion.

• Lee v. Weisman (1992) – Graduation Prayer

Facts: School sponsored non-sectarian prayer given by clergy at graduation.


Lee v. Weisman cont…

Supreme Court: “Coercion Test” – unconstitutional coercion occurs when:

1. Government directs2. A formal religious exercise3. In such a way as to obliges theparticipation of objectors

• Ruled the state-sponsored prayer was coerced of participants forced to stand and remain silent.


• Santa Fe ISD v. Doe (2000) - Football GamePrayer

Facts: Students elected to have an invocation at football games. Purpose was to solemnize event, promote good sportsmanship and safety, and establish an environment for competition.


Santa Fe ISD v. Doe cont…

Supreme Court: Used Lee v. Weisman Coercion Test .Not “private speech”, done in public forum. Effect of coercing the minority into government endorsed religious activity. Thus it violates Establishment Clause.


Elk Grove Unified School District v. Newdow Pledge

Facts: In 1954, Congress added the phrase “under God” to the Pledge of Allegiance todistinguish the U.S. from communist countries.Newdow is raising his daughter in California inaccordance with his atheistic beliefs. Claims violation of Establishment Clause


• Elk Grove Unified School District v. Newdow Pledge cont…

Supreme Court:• Fought to keep it out of the courts•Resulted in Newdow I, II, and III

Ultimately the phase “under God” does not offend the constitution
