In her article “Beyond the Wall of Separation: Church-State in Public Schools”, Martha McCarthy, a Chancellor Professor and chair of Educational Leadership and Policy Studies at Indiana University, Bloomington, Indiana, makes it clear that her aim is to inform educators of the legal history and constitutional precedents of the Establishment clause and Free speech Clause of the First Amendment with an attached understanding of how educators should implement these findings. She summarizes and analyzes key Supreme Court rulings over the course of the 20th century as they pertain to religious expression in public schools. She clarifies the usage of both the Establishment Clause and the Free Speech Clause, including recent changes in trends that have been noted in the Supreme Court during the last decade. From the late 1940’s to the 1990’s most Supreme court rulings focused on the Establishment Clause to the increasing exclusion of the Free Speech Clause such that students were increasingly limited in the ways they were allowed to express themselves in school even in a private manner. In recent years, however, it has been noted that forcing students to suppress their religious expression is itself a religious statement and one that denies the role of religion in people’s lives. McCarthy notes that the public schools must take a neutral stand in relation to religion such that they do not defend or deny its role in people’s lives, either directly or indirectly.
McCarthy’s claim is that educators are responsible for ensuring that religious indoctrination sponsored by public servants such as teachers and schools does not occur but at the same time that no teacher or school unduly interferes with student’s rights to practice their fai...
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...of the Supreme Court. Nevertheless, there is a balance demanded between the establishment and Free Speech Clause which is an absolutely irrefutable part of the Constitution and can only be interpreted to a certain extent by any Court. The present balance between these Clauses, as it is currently understood, is the duty of the public school teacher and administrator to uphold but teachers and administrators must be open to changes in the understanding of that balance as more cases shed light on the practices and interpretation of the First Amendment. It is the duty of the public school official, in whatever capacity they find themselves, to keep abreast of these changes so that they can properly execute their duties to both defend the neutrality of the schools and the rights of the students to hold and practice religious beliefs in the course of their daily lives.
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...
In cases having to do with constitutionality, the issue of the separation of church and state arises with marked frequency. This battle, which has raged since the nation?s founding, touches the very heart of the United States public, and pits two of the country's most important influences of public opinion against one another. Although some material containing religious content has found its way into many of the nation's public schools, its inclusion stems from its contextual and historical importance, which is heavily supported by material evidence and documentation. It often results from a teacher?s own decision, rather than from a decision handed down from above by a higher power. The proposal of the Dover Area School District to include instruction of intelligent design in biology classes violates the United States Constitution by promoting an excessive religious presence in public schools.
The Supreme Court case in Elk Grove Unified School District v. Newdow result in a unanimous ruling that the phrase “under God” may remain in the Pledge of Allegiance as narrated in public school classrooms. The court made the decision because the atheist father did not have grounds to sue the school district on behalf of his daughter. While the ruling was made on the Flag Day, it did not meet the clear endorsement of the constitutionality of the pledge as sought by President Bush and leaders of Republican and Democratic Parties in Congress. Notably, the eight judges who participated in the case had voted to turn over a federal appeals court decision in 2003 that would have prohibited the use of the phrase in public schools as an infringement of the constitutional outlaw on state-sponsored religion. A majority of these justices i.e. five made that ruling on procedural grounds in which Michael A. Newdow, the atheist, did not have legal reasons to sue the school district (Lane, 2004).
How the judicial branch rules in cases relating to the 1st and how they relate that to all the rights of public school students. This includes anything from flag burning to not saluting the flag to practicing religion in school. The main point of this paper is to focus on the fact that schools have a greater ability to restrict speech than government.
Opening: We are here to represent the respondent Ishmael Jafree as his case of his children’s first amendment rights that has been violated. He has discovered his son was reciting prayers at the beginning of class daily, and because of this, his son’s first amendment rights have been violated for freedom of religion. The teachers of the district also have opposed Jafree’s son’s amendment rights.
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
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
Chapter three of Civil Liberties: Opposing Viewpoints inspired me to research today’s issues of school prayer. To understand how we got to where we are today, I first delved into our countries history of court cases pertaining to rulings on prayer in schools. Lastly, to update my audience on how our lives are being affected today, I directed my efforts toward finding current situations. By analyzing these situations, I gained knowledge for a better understanding of why society needs to be aware of these controversies. I don’t think there should be any form of organized prayer in today’s public schools.
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.
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.
This plainly states that public school teachers, principals, and boards are required to be religiously neutral. They may not promote a particular religion as being superior to any other, and may not promote religion in general as superior to a secular approach to life. They also may not promote secularism in general as superior to a religious approach to life, be antagonistic to religion in general or a particular religious belief, be antagonistic to secularism, and they must neither advance nor inhibit religion (Religion in Public).
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.
This paper deals with the stance of our schools and government on prayer in school. In this paper I will show how our government is hypocritical in its dealings of the prayer in school issue and how some of us as citizens are hypocritical as well. I will discuss the freedom of religion rights and how its interpretation affects prayer in school. Also, I will address the popular phrase, “separation of church and state”, that is often used to argue against prayer in school.
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”).
The argument over the separation of church and state has been an ongoing debate without a conclusion, and has always been a topic to speak on. Many people have strong opinions for or against the separation. While some believe that prayer in school is beneficial to the development of children and of their faith, others believe that it could completely criticize their faith by not giving the student the option to explore their beliefs. In the “Resistance to Civil Government” by Henry David Thoreau, the author is passionate about allowing people to beli...