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Controversies in religion and public education
The Impact of Religion on Education
Controversies in religion and public education
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In 1995, a lawsuit was filed against the Santa Fe Independent School District. Students had been leading Christian prayers before football games. The case made it’s way up to the Supreme Court, claiming these prayers were a violation of the First Amendment. The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;”. This means that US citizens are free to practice any religion they choose, as long as they respect public morals. The amendment also states that and that the government cannot endorse a particular religion, which was added to ensure that the government couldn’t have an established religion, like England had at a time, the Church of England. Another …show more content…
purpose of the First Amendment is to assure the religious based disasters, such as the Salem Witch Trials, could never happen again. This amendment was ratified with the Bill of Rights, on December 15, 1791. The First Amendment is interesting because it was created to solve religious related problems, but has also created many religious related controversies. In 1995, students at Santa Fe High School caused one of these controversies.
The school had a tradition of delivering overtly christian prayers before every football game. One Mormon family, as well as one Catholic family filed a lawsuit, claiming that these prayers violated the Establishment Clause of the First Amendment. While the lawsuit was pending, the District Court created a new policy, stating that student initiated, nonsectarian, nonproselytizing prayer was permitted, not required, and that two student elections to determine if the prayers should take place, and then to decide who would lead the prayer. The case reached the Supreme Court by March, 2000. The plaintiffs were permitted to file as John/Jane Does, and the Defendant was the Santa Fe Independent School District (SFISD). SFISD claimed that the prayers were private student speech, not public, and that they were not required by the school. Doe argued that these prayers were done in a public setting, and therefore violated Establishment Clause. In a 6-3 vote, the Supreme Court ruled that praying at a football game was public speech, these prayers violated the establishment clause. Justice Stevens, part of the majority, wrote “Such speech is not properly characterized as "private,"” and that the district helping these prayers to happen was a form of government endorsing …show more content…
religion. No matter what situation used, the First Amendment was created, used, and still helps people to feel safe to practice their religion, and to have a choice of who/what or if to worship, which is why some of the first colonists, the Puritans, came to America, and is important in contributing to today’s very diverse America.
Freedom of Religion has changed the US over time, and is still changing it today. This amendment has helped resolve religious conflicts, as well as preventing some from happening, like the Salem Witch Trials. It has also helped in making a safe environment for diversity of religion, as well as sharing each other’s. This amendment has brought people of the same and different religions together, by erasing the tensions of a government sponsored religion, and has allowed people to share their religion with others, bringing us all closer together as a country. However, it has brought some people apart. People against other religions or against things that were originally "against their religion" have been separated by this amendment. My direct family personally is not religious, and this amendment has allowed us to be non-religious and celebrate holidays like christmas without being christian, and not being forced to have a religion. Because of this, I barely have to think about religion. Before, I didn't really understand how many modern day things were linked to religion, and how often this amendment still comes up today. I thought the constitution couldn’t
make a big difference so far ahead of it’s time, but it does, and supreme court cases about religion still happen today. I didn’t realize or consider much of a difference this amendment really made in today's US, how this amendment really is still relevant today. Georgia is trying to pass a bill allowing voluntary, public prayer at football games and other school events. This is just like the 1995 case, but now this could be legal, starting yet another controversy about religion. I think this amendment has contributed to what it mean to be American, by helping create the diversity we think of as linked to America today, also making America a non- one religion country, and helping people to share traditions, and connect as a country through religion.
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
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...
When it came down to the government during the convention of May 1776, instead of protecting our rights they had passed them down causing us to be under common law. If one had denied the Christian faith and went against everything it believed in, such as, “there are more Gods than one, or denies the Christian religion to be true, or the scriptures to be of divine authority, he is punishable on the first offence by incapacity to hold any office or employment ecclesiastical, civil, or military,” (Jefferson 176). This is what most people had thought about if you did not follow their religion. Thomas Jefferson believed that the wall between church and state should be very high in order to keep out and prevent hostile situations. Using an example from today’s news, many people get uncomfortable in the United Stated with the Muslim religion because of the previous horrific events that led to many cruel deaths in our history. By this, the way that we look at these people is forever changed because of the incidents and who knows if we will ever not be hostile with one another because of it. If church and state hadn’t been separated we may have not become a true democracy from what our developing country was seeming to lead towards. More people would not be as accepting of each other, and not that they are still not today, but I feel as if it may
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.
Amendment 1 [2010] Congress will make no law that restricts people’s religious beliefs, right to express themselves in public and private peaceably, or ability to petition the Government for settling of grievances. Answering the question of today’s relevance, this is absolutely relevant. The people of a nation must be able to express themselves and have open discussions, peaceably and in public. The phrasing of expressing themselves has much wiggle room and I am sure all our present day decency laws and other laws protecting people from harm would spell out case law for the settling of future court cases.... ...
Although this amendment gave people the right to express their opinions, it still rests in one’s own hands as to how far they will go to exercise that right of freedom of speech. According to Roger Rosenblatt “since freedom is the way people's minds were made to be”, freedom of speech is important to speak one's mind in a way that expresses his/her opinion, even if this opinion does not seem to convince others. In my opinion, without freedom of speech, the United States would have failed to be such a powerful country as it is today. . Although your opinions might disagree with others, you still have the right to voice them. For example, Roger Rosenblatt indicated that when a basketball player for the Denver Nuggets, was suspended from the league because of his religious conventions that stopped him from playing in the league.
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.
The Amendment I of the Bill of Rights is often called “the freedom of speech.” It provides a multitude of freedoms: of religion, of speech, of the press, to peacefully assemble, to petition the government. Religious freedom is vitally important to this day because it eliminates the problem of religious conflicts. Historically, many people died for their beliefs because their government only allowed and permitted one religion. T...
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
Our founding fathers wrote the Constitution and the Bill of Rights to protect our most basic rights as citizens of the United States, and although creating the Constitution was an arduous effort, eventually the new Americans came to an agreement over what was included. “The Bill of Rights — the first 10 amendments to the Constitution — went into effect on Dec. 15, 1791, when the state of Virginia ratified it, giving the bill the majority of ratifying states required to protect citizens from the power of the federal government.” (First Amendment Center). After the first amendment went into effect, all religious minorities were now protected from persecution, and people could freely speak their
To open this discussion, I would like to start with the civil liberty of freedom of religion. This liberty was identified in my original Constitution essay through the mentioning of the separation of church and state clause. The reason for my including of this liberty, and my stressing of its importance, is that I feel that the government interprets this liberty in a one sided fashion because of the incorrect interpretation of the already in place separation of church and state clause. I also include it because I believe that recently the attacks upon religion have metastasized and tha...
The Constitution protects us, “Congress shall make no law respecting an establishment of religion, or abridging the freedom of speech, or of the press. ” This also goes for the school system, people have the right to religious references. When America was founded, the religious freedom was what brought the pilgrims here in the first place. America was founded on the Christian religion and freedom. The persicution of the protestants in Europe had become so bad people left their homes and family to come to America so they could practice their religion however and whenever they chose. For example, the school did not let a student display a religious flag or hand out Bibles or tracs and public events the school would be going against the law of the land. Our Constitution was not drafted to be interpreted however nonreligious people want to interpret it. It was a guideline to show them how to run a country that provides freedom of religion and not to pick one religion over another they are all equal under the law.
...,” (1875), Ulysses S. Grant stated to “Leave the matter of religion to the family altar, the church, and the private school, supported entirely by private contributions. Keep the church and state forever separate” (Gaylor, 1995, p. 7). School prayer should not be permitted because of the idea of separation of church and state and the First Amendment.