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The Constitution of the United States was written to give citizens certain privileges and rights in the way of free thought and freedom. The Establishment Clause was one way that civilians were protecting religious liberty by the separation of church and state. Within our political and school systems there have been a number of controversial issues to include religious holidays, school prayer, teaching evolution and aid to church based schools. The Supreme Court has ruled in many cases in regards to these religious controversial issues.
The First Amendment states “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” (University, n.d.). During the time the Establishment Clause was founded it was “intended to prohibit the federal government from declaring and financially supporting a national religion, such as existed in many other countries at the time of the nation’s founding” (UMKC, n.d.). The separation of church and state would theoretically have no religious bearing on the government or the Supreme Court when making decisions. Christianity was the main religion that the federal government was supporting in general. The establishment Clause prevented the Federal Government from one national religion being supported over another religion through the objection of the separation of church and state.
In the aid to church-based schools, one of the first interpretations of the Establishment Clause began in 1947 in Everson v Board of Education. With voting 5 to 4 “the Court upheld a state law to reimburs...
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Dierenfield, B. J. (2007, April). The Battle over School Prayer. Retrieved March 12, 2011, from www.kansaspress.ku.edu: http://www.kansaspress.ku.edu/diebat.html
Leaming, J. (n.d.). Voucher programs propt debate over meaning of separation of church and state. Retrieved March 12, 2011, from www.freedomforum.org: http://www.freedomforum.org/packages/first/schoolvouchers/part2.htm
Oyez. (2011). Epperson v. Arkansas. Retrieved March 12, 2011, from www.oyez.org: http://www.oyez.org/cases/1960-1969/1968/1968_7
UMKC. (n.d.). Exploring Constitutional Conflicts. Retrieved March 12, 2011, from www.law2.umkc.edu: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/estabinto.htm
University, C. (n.d.). United States Constitution. Retrieved March 12, 2011, from www.topics.law.cornell.edu: http://topics.law.cornell.edu/constitution/first_amendment
In 1971 in Mobile County Alabama the School Board created a state statute that set aside time at the beginning of each day for silent ’meditation’ (statute 6-1-20), and in 1981 they added another statute 16-1-20.1 which set aside a minute for ‘silent prayer’ as well. In addition to these, in 1982 the Mobile County School Board enacted statute 16-1-20.2, which specified a prayer that teachers could lead ‘willing’ students in “From henceforth, any teacher or professor in any public educational institution within the State of Alabama, recognizing that the Lord God is one, at the beginning of any homeroom or any class, may pray, may lead willing students in prayer, or may lead the willing students in the following prayer to God… “ (Jaffree By and Through Jaffree v. James). Ishmael Jaffree was the father of three students, Jamael Aakki Jaffree, Makeba Green, and Chioke Saleem Jaffree, who attended a school in Mobile County Alabama. Jaffree complained that his children had been pressured into participating in religious activities by their teachers and their peers, and that he had requested that these activities stopped. When the school did nothing about Jaffree’s complaints he filed an official complaint with the Mobile County School Board through the United States District Courts. The original complaint never mentioned the three state statutes that involved school prayer. However, on June 4, 1982 Jaffree changed his complaint. He now wanted to challenge the constitutionality of statutes 16-1-20, 16-1-20.1 and 16-1-20.2, and motioned for a preliminary injunction. The argument against these state laws was that they were an infringement of the Establishment Clause within the First Amendment of the Constitution, which states that Congr...
This example of a Supreme Court case shows that the court is not above politics. Even though most Americans, including government officials, practiced some form of Christianity, the judges were not willing to compromise the information in the Constitution for the popular beliefs of individuals. I agree with the Supreme Court in its decision to ban the practice of prayer in public schools. Not only does it violate the Constitution, but it encroaches on our freedom of thought and action. Being excluded from a public classroom because of personal beliefs does not sound just.
The Supreme Court has adopted a standard of neutrality to satisfy the Establishment Clause stating: neither federal or state government can enact laws which aid one religion, aid all religions, or prefer one religion over another, and neither can force nor influence a person to profess a belief or disbelief in any religion. Everson v. Bd. of Educ., 330 U.S. 1, 15 (1947). The means that the Martin County Board cannot actively endorse any one particular religion over another and also cannot restrict any one particular religion. See Marsh v. Chambers, 463 U.S. 794, 795 (1983). It must remain religiously neutral. Id. at 795. The Martin County Board’s meeting practice of offering a prayer before its board meetings violates the Establishment Clause because they provided strong sectarian references in their invocations, endorsed Christianity, and coerced those in attendance to participate in the prayers.
Paramount of issues at hand is that of the constitutionality of voucher programs. The Establishment Clause prohibits a state religion and guarantees all the freedom to practice whatever religion they should desire. The Supreme Court, along with many lower courts, has held the Establishment Clause to mean also that neither federal, state, or local governments may support a religion, including financially. Voucher programs represent direct state financial support to private, often parochial schools. In fact, even the checks in Cleveland's program, while addressed to the parents, are currently mailed to the school first.
1. In the First Amendment, the clause that states “Congress shall make no law respecting the establishment of religion” is based on the Establishment Clauses that is incorporated in the amendment. This clauses prohibits the government to establish a state religion and then enforce it on its citizens to believe it. Without this clause, the government can force participation in this chosen religion, and then punish anyone who does not obey to the faith chosen. This clause was in issue in a court case mentioned in Gaustad’s reading “Proclaim Liberty Throughout All the Land”. March v. Chambers was a court case that involved the establishment clause. Chambers was a member of the Nebraska state legislature who began each session with prayer by a chaplain who was being paid the state. The case stated that this violated the Establishment Clause of the First Amendment. However, the court stated that the establishment clause was not breached by the prayer, but was violated because of the fact that the chaplain was being paid from public funds.
Mueller, Arnold C. "Religion in the Public Schools." In Church and State Under God, ed. Albert G. Huegli. St. Louis: Concordia Publishing House, 2004.
With careful consideration of these arguments, the separation of church and state is not only favorable to the American society but also essential to have a functional governmental democracy. For hundreds of years the Federal Government has had separation between organized religion and government functions which, has shown to best protect the religious freedom of the American people and protect the rights established in the constitution. Therefore, the current establishment of se...
The case Elk Grove Unified School District versus Newdow came about when a student parent, Michael Newdow, an atheist, has a disagreement with the Pledge of Allegiance. Elk Grove Unified School District is a public elementary school where teachers begin the day by reciting the Pledge of Allegiance, but it is considering being voluntary. Under California law, all elementary schools must recite the Pledge of Allegiance once a day unless those student object due to their religion. As stated before, in 1954 the Congressional Act added the words “under God” to the Pledge of Allegiance. Michael Newdow took it upon himself to review the School District policy referring to the religious portion. This caused Michael Newdow to sue in the federal district court in California, stating making students listen to the Pledge of Allegiance, even if the students do not choose to participate to the word “under God” violates the establishment clause of the United States Constitution’s First Amendment
The Establishment Clause of the Constitution’s First Amendment clearly reflects the Founding Father’s attempt to avoid the British practice of an intertwined state and church. It is evident that this clause was put into place to avoid government entanglement with religious affiliations. Having spent the majority of my life reciting the Pledge of Allegiance every morning at school, I never realized the government’s failure to comply with the Establishment Clause and ultimately defy the constitution. Having read both sides of the argument, I found Laycock’s assertions to be particularly convincing while Sekulow’s claims were less compelling.
Kids, in elementary school and middle school especially, are constantly being bombarded with propaganda. People love to push things on other people because, Heaven forbid, someone disagrees with them. One particular issue is religion and the role it plays in schools. Some teachers and parents are completely against any religious activity at their child’s school and other teachers and parents want everything to do with religion in schools. A big part of the debate includes the Establishment Clause of the 1st amendment and the 1st amendment itself. In 1971, in the Lemon v. Kurtzman Supreme Court hearing, it was decided that there are three questions that need to be answered to decide if something goes against the Establishment clause; is there or will there ever have a secular purpose, does it advance or inhibit religion, and does it require the government to get involved with religion. (Marshall 128) This seems pretty straight forward. It makes sure that the government is protecting American’s freedom of religion and keeps the government out as much as possible. Then in 1973 in Miller v. California it was held that the 1st amendment doesn’t ...
Rieff, Burt. "Conflicting Rights and Religious Liberty: The School-Prayer Controversy in Alabama, 1962-1985." Alabama Review 3(2001):163. eLibrary. Web. 31 Aug. 2011.
Paulsen, Michael S. "Where in the Constitution is Separation of Church and State." The Public Discourse. The Witherspoon Institute, 28 Oct. 2010. Web. 19 Mar. 2014. .
The first to occur in the timeline of the cases discussed in this paper is Pierce v. Society of Sisters. In separate cases the Sisters of the Holy Names and Hill Military Academy would sue the governor of Oregon, Walter Pierce as well as state attorney general H. Van Winkle and district attorney of Multnomah County, Stanley Meyers. The Oregon state voters were presented with and passed a law called the Compulsory Education Act on November 7, 1922. This newly elected Act eliminated parochial schools, including Catholic schools except for a few exce...
Two clauses in the First Amendment guarantee freedom of religion. The establishment clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the "separation of church and state." Some governmental activity related to religion has been declared constitut...
Gaylor, Annie Laurie. The Case Against School Prayer. “Keep the Church and State Forever Separate.” Madison, Wisconsin: Freedom From Religion Foundation, Inc., 1995. ( www.ffrf.org/pray.html )