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Essay on separation of church and state
The influence of religion in education
Establishment clause pros
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Abington v. Schempp (1963)
Historical Circumstances:
Abington v. Schempp was an important case regarding the establishment of religion in American schools. Until the late twentieth century, most children were sent to schools which had some sort of religious instruction in their day. The schools taught the morals, values, and beliefs of Christianity in addition to their everyday curriculum. However, as some people began to drift away from Christianity, parents believed this was not fair to the kids and justifiable by the government. They thought public schools should not be affiliated with religion to ensure the freedom of all of the families who send students there. Such is the situation with the 1963 Supreme Court case Abington v. Schempp.
Facts of the Case:
In Pennsylvania, public school students were required to read ten verses from the Bible at the start of their day. In the Abington Township, the Lord’s Prayer was added onto these readings. However, children could be exempt from prayer if their parents chose to not allow it.
The Schempp family, whose kids went to school in the township, followed Unitarianism, and did disagree with some of the ideas in the Bible. However, they did not want their children to miss prayer because they would miss the important announcements that followed. They brought the case to a state court, and the court ruled that prayer in fact did violate the Establishment Clause of the First Amendment. Next, they appealed to the Supreme Court.
This case was appealed to the Supreme Court on June 17, 1963. The Court ruled 8-1 against the prayer recitation. This ruling was partially due to the case Engel v. Vitale, where a similar Establishment Clause issue was approached. In both cases, the strict...
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...gain ruled in favor of the Establishment Clause. These cases include Murray v. Baltimore School Board, Epperson v. Arkansas, and Stone v. Graham. It also set the grounds for the case, Lemon v. Kurtzman, which set up the “Lemon Test” for deciding if a religious function is Constitutional or not.
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.
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...
The Supreme Court case, Santa Fe Independent School District v. Doe, was argued on March 29, 2000, in Texas (Santa Fe Independent School Dist. v. Doe). The verdict was decided on June 19, 2000 by the Supreme Court. The case questioned the constitutionality of the school’s policy that permitted student-led, student initiated prayer at football games. The Supreme Court justices had to take the Establishment Clause of the first amendment into account when making their decision (Cornell University Law School). The case originated in the Santa Fe Independent School District, located in Texas. The District was against Doe, a Mormon and a Catholic family involved within the District. The purpose of the case was to determine if the school policy was in violation of the first amendment’s Establishment Clause which creates a divide between religion and government. The first amendment freedom of religion was the right at stake in regards to the Establishment Clause that defines a line between church
Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education
In 1949, a state-wide law was passed in Pennsylvania that required public school students to read scriptures from the Bible and recite the Lord’s Prayer everyday in class. This law stayed intact until Edward Schempp challenged it nine years later. Pennsylvania wasn’t the first or the only state to enforce law making it mandatory for students to read from the Bible during school. Twenty-five additional states had laws allowing “optional” reading for the Bible. But in eleven of the twenty-five states, courts had decided those laws were unconstitutional.
Elk Grove Unified School District v. Newdow case is a litigation that was brought by an atheist father seeking for a determination of the constitutionality of the practice of recitation of the Pledge of Allegiance by public school students since it contained the phrase “under God.” The Supreme Court had two major issues to determine i.e. whether Newdow had the legal standing to challenge the constitutionality of the practice and school board’s policy and whether the phrase “under God” was an infringement of the Establishment Clause of the country’s constitution. In its ruling, the Supreme Court argued that Michael Newdow did not have the legal standing to file the litigation since he was a non-custodial parent.
...T AMENDMENT BECAUSE THE PRAYERS GIVEN BEFORE EACH MEETING SHOWED ENDORSEMENT AND COERCION OF A PARTICULAR FAITH.
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.
The court system has jumped back and forth throughout the years and this may seem very confusing to the average person but they’ve never changed their mind on the big cases that were said in the previous paragraph. But the court seems to be sporadic in its decisions outside of these big cases. It all starts in 1962 when they held that prayer in the public schools was a violation of the first amendment.
The case Engel v. Vitale in 1962 decided that school prayer is unconstitutional. With this case, it was pointed out that the students were to "voluntarily" recite the following prayer: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country." The court ruled that this rule was unconstitutional according to the First Amendment's "establishment clause," which states "Congress shall make no law respecting an establishment of religion."
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
Did Santa Fe Independent School District violate the Establishment Clause by saying a prayer before every home, varsity football game? The parents of a few of the children brought the case to court. The compained that the prayers were Christian based and very bias. The Santa Fe Independent School District did violate the Establishment Clause.
Prohibiting School Prayer Threatens Religious Liberty. Civil Liberties. Ed. James D. Torr. -. San Diego: Greenhaven Press, 2003.
The Santa Fe v. Doe case delineated the constitutionality of prayer and Christianity in America. The famous case that transformed how prayer in a public sphere is understood took place on March 28, 2000 and was argued before the U.S. Supreme Court reaching a verdict on June 18, 2000. The case was brought forward by a Mormon and a Christian family who believed that the Santa Fe High School practice an act which was a clear endorsement of a religion by the government as the school was a public school. it was supported by the school faculty.
At this time, religion played a major role on the educational system in the sense that all types of religious groups were represented in the American school system, but they were challenged with how they could be loyal to their religions beliefs. With the 'Pledge of Allegiance' present, some people felt as though the values of Americans and the "Creators'" beliefs should be taught in the classrooms. Of course, others felt that religion and school should be separate. As a result of disagreements such as these, many problems arose.
To have prayer in the public school system is against the idea of separation of church and state. The state should not institute school prayer because the public schools are for education, not a place where religion should be taught (Gaylor, 1995, p. 1). The state should not force every child to say a prayer in the classroom because not everyone believes...