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Controversies between church and state in public education
Separation of church and state in public school settings
Freedom of religion in public schools
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One of the most common questions asked about public prayer is whether or not it is legal
to hold it in a public school. It depends on the type of prayer we are talking about, and who is
doing the praying, since people are usually talking about organized classroom prayer, often led
by a teacher. The Supreme Court has set a law that states that organized prayer in a public
school goes against the First Amendment, whether it's in the classroom, over the loud speaker, or
even at a graduation ceremony. It also applies for Bible readings and when someone says "now
we will have a moment of silence", which courts will go against also. People feel it is not the
government's business to promote religious exercises, since they can easily be pushed upon
young students that have to be at school due to their attendance policies.
A public school has the responsibility to protect every student. This will include children
of various religions, as well as children with no religious faith. This does not mean
the school should be disrespectful of the important role religion plays for many students. Courts
have made it clear that students should have the right to practice their religion, with some
limitations. Students are free to pray, read their Bibles and even invite others to join their
religious group as long as they are not disruptive of the school or disrespectful of the rights to the
other students. A student should not be allowed to pressure or other kids in or on public school
grounds. For example, a student is allowed to pray before meals, read her Bible during study
hall, create an art project with a religious theme or invite other students to attend church. These
act...
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...r promote religious instruction, even when it is held off campus. Solicitation of students to attend religious classes may not be done at the expense of the school,(9) and only those students whose parents have signed permission slips should be allowed to attend. Students who do not wish to attend may not be penalized. Of course, schools may not rent their facilities to religious groups for religious instruction during the school day.(10)
The question has arisen whether schools may give academic credit for released-time courses. Although the answer remains unclear, it is likely such a program would be unconstitutional, especially if credit is not given for other nonschool courses. There is very little to distinguish many of these religious courses from a religious education class, a nonacademic exercise for which schools could almost certainly not give credit.(11)
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...
Mrs. Moreno and the other plaintiffs in this case believes religious education should be the responsibility of parents and religious communities, and not the public schools to which she sends her children (ACLU, 2007). Additionally, Mrs. Moreno and the other plaintiffs’ feels the use of their tax dollars to promote and endorse religion in the public school system is unconstitutional (ACLU, 2007).
The issue of prayer in school cannot be dealt with in a manner that will please everyone. The main thing that needs to be stressed is that tolerance of other people and their beliefs is the only true way to ensure that everyone has freedom and equality in America. Until that day comes there will always be groups of people who cause disruption in our schools and take away from what the focus really should be: quality education and an understanding of others as well.
Silent prayer was ruled constitutional in 1985 as long as it had no religious intent or purpose. (Newsweek, October 3, 1994)
Praying in school was first addressed in the Supreme Court in 1962 in the Engle v. Vitale case. The Establishment Clause emerged 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 courts 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.
until the middle of the 20th century, organized prayer and Bible reading were practiced by public schools across the country. In 1961, the U.S. Supreme Court ruled school prayer to be unconstitutional in the landmark case, Engel v. Vitale. Just two years later, in another landmark case, the court would decide that school sanctioned Bible readings and other similar religious activities should not be allowed as well (http://www.oyez.org/cases). Should these rulings continue to stand in this country? Yes. The government of the United States of America should continue to disallow prayer in the public school system. Praying public schools ...
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.
Schools in some states had prayer in the beginning of the day led by a school official. A New York state law required the Pledge of Allegiance under God and recognizing the dependence upon God. Also, the state of Arkansas also had a similar
Although there are a lot of "don'ts", student-initiated prayer is allowed in various situations and locations in the public school system. For example, it is allowed in school buses, at the flagpole, in after-hours student religious clubs, in the school hallways, in the cafeteria, and in the classroom before or after scheduled classes (Religion in School).
Snider, M. A. (2004). Viewpoint discrimination by public unversities: student religious organizations and violations of university nondiscrimination policies. Wash. & Lee L. Rev., 61, 841
Education Week talks about the freedom and practice of religion stated in the United States Constitution and how the government has altered that in their article, “Religion in Schools”. They touch base on how “under God” was taken out of the Pledge of Allegiance and elaborate how students can participate in religious clubs outside of school because of the placement of the federal Equal Access Act of 1984.
University of Michigan. “Religion in Schools: A look at how religious practices influence education.” .
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”).
School prayer is a very controversial issue in today’s society. This issue has been a problem since America was first founded, in that the country was founded on religious beliefs. The Pilgrims wanted to be able to express their beliefs freely, but in England this freedom was not found, so they decided to come to the Americas, where their beliefs could be expressed freely. As time passed they realized that having this kind of freedom caused problems between different belief systems. Many people started questioning the founding of their nation and what the foundation was made of. This questioning is still going on today and people are torn between letting prayer in to the public school system or keeping it out.