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Separation of church and state in public school settings
Separation of church and state importance
Prayer in schools controversy
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Many people argue that school prayer is needed in schools, but I think that it is not necessary. I believe that it is not necessary to have prayer during school to please people of one religion. If a person can pray to him/herself, then there is no need for a public prayer. It has already been established in the constitution that school prayer has been banned and it should remain that way. In my opinion it should remain unconstitutional because it interferes with other student’s religion, the intention for school is education, and praying to one’s self is just as effective. The Prayer in school debate began in 1960 when the son of Madalyn O’hare was forced to take part in the school prayer. The prayer in school debate centers on the principle that is the separation of church and state. Her lawsuit removed prayer school in the sense that could not be led by any member of the faculty. Along very similar lines, prayer has been removed in many instances from convocations in public schools. If prayer in school is going to happen, it must be led by students and generally must be silent. If a student wants to pray in school it must be silent and personal (Allabouthistory.org). In this specific case, a student’s religious rights were violated, therefore, also violating the constitution. School prayer ‘infringes the Constitutional rights of others” (Yahoo.com). Every student has a right to refuse to participate in prayer, as well as participate in prayer Brock 2 also. But when it is forced on them, they goes against the “Freedom of Religion” clause of the constitution. It would be a violation of the establishment clause if the government was behind one religion (Highlights of Pending Senate-School Prayer Proposal... ... middle of paper ... ...for school is education, and praying to one’s self is just as effective. If everyone would open their eyes to these facts, there wouldn’t be much of a debate anymore. Debaters should spend time on topics of equal or greater importance, because this school prayer case has been ruled out. Works Cited All About History: Arguments Against School Prayer. Allabouthistory.org. 2011. Web. 13 Jan 2011. Highlights of Pending Senate-School Prayer Proposals. Congressional Digest 53.1 1974): 4 Mas Ultra-School Edition. EBSCO. Web. Feb 7 2011. Pros and Cons of Prayer In School. Buzzle.com. 2011. Web. 14 Jan 2011. Religion In Public Schools: Prayer In Public Schools. Anti Defamation League. 2011. Web. 7 Jan 2011. Rogerson, John. The Bible. Facts on File: 1993. New York. Print. 5 Reasons Prayer Shouldn’t Be Allowed In School. Yahooanswers.com. 2011. Web. 14 Jan 2011.
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 First Amendment states “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof”. There are several ways to apply this to the issue of prayer in school. Arguments can be made for both groups of people who are for and against prayer in school. What does it all boil down to? Freedom of religion still applies, just do not organize or endorse it in our schools.
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.
"Prayer has been banished from schools and the ACLU rampages to remove “under God” from the Pledge of Allegiance. Moreover, “Separation of Church and State” is nowhere found in the Constitution or any other founding legislation. Our forefathers would never countenance the restrictions on religion exacted today." -- Bill Flax, Forbes, 2011
In 1962 the Supreme Court decided that public schools did not have the power to authorize school prayer. This decision made public school in the U.S. more atheistic than many European nations. For example, crosses still hang on the classroom walls in Poland, and the Ten Commandments are displayed in Hungary. There are prayers held at the beginning of legislative and judicial sessions and every President has mentioned a divine power in his inaugural speech. In keeping with a spirit of religious freedom as stated in the First Amendment, there is no reason why students should not be allowed to have a moment of silence during the school day when they can pray or do as they choose.
Praying in school was first addressed in the Supreme Court in 1962 in the Engle v. Vitale case. The Establishment Clause inserted and stated Congress shall make no law respecting an establishment of religion. The court ruled the Union Free School District in Hyde Park, NY had violated the First Amendment by directing the principals to cause the following prayer to be said aloud by each class in the presence of a teacher at the beginning of each school day: “Almighty God, we acknowledge our dependence upon Thee, and we beg thy blessings upon us, our parents, our teachers and our Country” (Longley, "Public"). I agree with the court ruling because not all students in a classroom share the same beliefs. To cause everyone to say this prayer surely violates their rights.
Prohibiting School Prayer Threatens Religious Liberty. Civil Liberties. Ed. James D. Torr. -. San Diego: Greenhaven Press, 2003.
For years now there has been a heated debate about whether or not prayer should be allowed in school,. Everytime the argument is rekindled, it ends in a stalemate, and is a topic that campaigning politicians tend to stay away from.
This paper discusses how the legislative, executive, and judicial branches of the United States government interact to allow each individual in a public school freedom to pray while not endorsing any religion.
"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).
School Prayer By Danielle Clark Block 1 Speech 105 I. Intro- Contrary to the claims, students have the Constitutional right to pray in school, either individually or in informal groups so long as the prayer is not organized by the school. But if the students only knew what they were really doing by praying in school. II. First of all they are going against the Bible.
The First Amendment of the U.S Constitution 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 the redress of grievances" (Greenberg). This first amendment protects both believers and nonbelievers from government interference in their decision to pray. Students have the right to pray and read the Bible in public schools. Yet the educators and administrators who facilitate our schools cannot lead children in prayer or force them to pray. The constitution also prohibits the following: requiring students to recite prayers in class, saying public prayer at high school games and teachers and co...
Annie Laurie Gaylor quoted Thomas Jefferson in her article The Case Against School Prayer, “No citizen shall be compelled to frequent or support any religious worship, place, or ministry whatsoever…” and that to “compel a man to furnish contributions of money for the propagation of [religious] opinions which he disbelieves is sinful and tyrannical” (Gaylor, 1995, p. 7). No man should have to be subject to anything that he does not believe in. Prayer should not be allowed in the public school system because of the idea of separation of church and state and the First Amendment.
While students are attending public schools they should be aware of their religion options. The student should have the right to practice their religion as they please, just on the own time. Yes, religion plays a huge part in molding a person but, should be practiced when the time is available, not in a classroom setting. The government should have the ability to control the protection of the students that just want to learn. The capability to regulate the religious practices while attending public educational institutions should be left to the government. Faith, religion and belief, usually are three words that are used to describe one situation, although these words have three different meanings. To have faith in something or someone you must first believe in it and also accept it as well, but have a belief without evidence. Religion is a belief in a heavenly superhuman power or principle, such as the almighty or creator to all things. Everyone has faith and belief, but not all believers believe in the almighty. Allowing religion into public schools while everyone attending not having the same belief is unfair, unconstitutional and is complicated to teach to a verity of students.
School prayer, in the context of religious liberty, is state-sanctioned or mandatory prayer by students in public schools. Depending on the country and the type of school, state-sponsored prayer may be required, permitted, or prohibited. Countries which prohibit or limit school prayer often differ in their reasons for doing so: In the United States, school prayer cannot be required of students in accordance with the Establishment Clause of the First Amendment to the United States Constitution.