Religious Rights in Public Schools
"JESUS in the classroom!" Are you feeling uncomfortable yet? Religion in the public school systems is among the top of the list of controversial topics in American society, We've long been advised to avoid this and other religiously politically intertwined subjects in polite conversation. If you're like most Americans, this topic makes you frustrated, high strung, or at least a little queasy. From the day the 1st amendment right appeared in the U.S. Constitution, to this present day, and surely into our nation's tomorrows, the proper role of religion in public schools has been, is, and will continue to be a subject of great debate. It is important for school officials, parents, and students to have a clear understanding of the 1st amendment and how it affects their religious rights and the religious rights of others in a public school setting. Unfortunately, most people are confused or misguided when it comes to this issue. The purpose of this paper is to guide the reader through a clear understanding of the 1st amendment; the impact it has had in education, the religious freedoms it grants to students, and the religious freedoms it grants (or doesn't grant) to teachers.
The Constitution exists precisely so that opinions and judgments, including can be formed, tested, and expressed. These judgments are for the individual to make, not for the Government to decree even with the mandate or approval of a majority (Supreme Court Justice Anthony M. Kennedy, 1999). In knowing that, the 1st amendment states, "Congress shall make no law respecting an establishment of religion or prohibiting free exercise thereof…" As you can see there are two clauses in this part of the amendment. ...
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Staver, Mathew. Teachers' Rights on Public School Campuses. Retrieved November 16, 2001, from the World Wide Web: http://www.lc.org/OldResources/teachers_rights_0900.html
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The Free Exercise Clause of the First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. Meaning, Congress cannot forbid or ban the exercises or beliefs of any religion. However, the government can in fact interfere with religions practices. This means that the government cannot prohibit the beliefs of any religion, but can intervene in certain practices.
The first Amendment of the United States Constitution says; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (U.S. Constitution).
The First Amendment of the United States Constitution includes the Establishment Clause and the Free Exercise Clause. These clauses instruct that legislature shall neither establish an official religion nor unnecessarily restrict the practice of any religion. U.S. Const. amend. I.
Separation of church and state is an issue in the forefront of people’s minds as some fight for their religious freedoms while others fight for their right to not be subjected to the religious beliefs of anybody else. Because public schools are government agencies they must operate under the same guidelines as any other government entity when it comes to religious expression and support, meaning they cannot endorse any specific religion nor can they encourage or require any religious practice. This issue becomes complicated when students exercise their right to free speech by expressing their religious beliefs in a school setting. An examination of First Amendment legal issues that arise when a student submits an essay and drawing of a religious
Mueller, Arnold C. "Religion in the Public Schools." In Church and State Under God, ed. Albert G. Huegli. St. Louis: Concordia Publishing House, 2004.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (First Amendment Center, 2008)
Staver, Mathew D. "Allowing Religious Expression in School Protects Students' Rights." Students' Rights. Ed. Jamuna Carroll. San Diego: Greenhaven Press, 2005. Opposing Viewpoints. Rpt. from "New Federal Guidelines a Real Blessing for Public Schools." Liberator Mar. 2003: 1-4. Opposing Viewpoints in Context. Web. 19 Nov. 2013.
Through many Supreme Court cases, decisions, and official statements, the United States Government has made it clear that study about religion is constitutional (Haynes 2). 3 main cases have explicitly shown the acceptability of religion in school. There have been many statements made Supreme Court Justices and the current president himself stating the permissibility of having religion taught in school. Guidelines have also been written and carried out for the use of religion in the public school system (Guidelines: U.S. Department of Education, 2)
"God help, I'm so lost!" If you listen carefully, this is a common thought that is heard throughout many schools in the nation. Is this thought appropriate? The following statement clearly shows that the law allows students and adults to practice religion, but at the same time be respective of others and their beliefs even if they do believe or if they don't. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, or to petition the government for a redress of grievances." (First Amendment, The Constitution of the United States). Prayer is not normally permitted as a scheduled part of classroom activities, because it would result in the violation of the principle of church-state separation, which has been defined by court interpretations of the 1st Amendment to the U.S, Constitution. The separation principle is extended to Public school as an arm of the government, with an exception which can be permitted if, during the school year, a mixture of prayers, statements, etc are delivered, using material derived from a number of different religions and secular sources. So far, this has never been tried in a school or ruled upon by a court (Religion in Public).
RELIGION IN THE PUBLIC SCHOOLS BACKGROUND – RELIGIOUS LIBERTY IN AMERICA & OUR PUBLIC SCHOOLS. Third Avenue, NY: Anti-Defamation League, 2012. Web.
Freedom of religion is a right that is granted to all citizens under the First Amendment of United States Constitution (U.S. Const. amend I). This gives individuals the freedom to express their religious views however they may please. Controversy arises when the topic of religion is brought up in schools. A great example scenario is when a student submits an assignment representing Jesus Christ when asked to come up with a paper and drawing of their hero. It is important to understand what rights students have when it comes to incorporating religion in their schoolwork. This paper will examine the legal issues regarding the grading and display of the assignment containing religious expression that is submitted by a student and how the First Amendment applies to classroom assignments in schools.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press, or the right of peaceably to assemble, and to petition the government for the redress of grievances” (United States Constitution).
Many individuals believe that the first amendment prohibits religion to be taught or exercised in a public school setting. They believe this because they feel as if it infringes on an American citizen’s right. Often times there can be discrimination against minority groups. An example of this was after the 9/11 attack in New York. Discrimination against Sikh-Americans became increasingly worse because they were often accused of being allied with Al Qaeda. People are worried that if we do teach the religion in school, bullying will grow to become an even bigger problem (“Religion in Schools: A”).
Imagine what the world would be like if all schools taught religion. I think that the world would be a better place, especially if all students believed in what they were learning about. However, what if schools were forced to teach children about all religions equally? I think that it would cause a lot more confusion. People wouldn’t know which of the religions to believe in. Dan Dennette is an America philosopher, an evolutionist, and is also known as one of the “Four Horsemen of New Atheism.” Dan Dennette has been in several broadcasted debates, has received several awards for his research and understandings, and has been made more famous through his Ted Talk, called “Let’s teach religion- all religion- in schools.” In his Ted Talk he tries