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Freedom of religion in public schools
The role of religion in politics
U.s. constitution then and now
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The Constitution of the United States was written to give citizens certain privileges and rights in the way of free thought and freedom. The Establishment Clause was one way that civilians were protecting religious liberty by the separation of church and state. Within our political and school systems there have been a number of controversial issues to include religious holidays, school prayer, teaching evolution and aid to church based schools. The Supreme Court has ruled in many cases in regards to these religious controversial issues.
The First Amendment 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 a redress of grievances” (University, n.d.). During the time the Establishment Clause was founded it was “intended to prohibit the federal government from declaring and financially supporting a national religion, such as existed in many other countries at the time of the nation’s founding” (UMKC, n.d.). The separation of church and state would theoretically have no religious bearing on the government or the Supreme Court when making decisions. Christianity was the main religion that the federal government was supporting in general. The establishment Clause prevented the Federal Government from one national religion being supported over another religion through the objection of the separation of church and state.
In the aid to church-based schools, one of the first interpretations of the Establishment Clause began in 1947 in Everson v Board of Education. With voting 5 to 4 “the Court upheld a state law to reimburs...
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Dierenfield, B. J. (2007, April). The Battle over School Prayer. Retrieved March 12, 2011, from www.kansaspress.ku.edu: http://www.kansaspress.ku.edu/diebat.html
Leaming, J. (n.d.). Voucher programs propt debate over meaning of separation of church and state. Retrieved March 12, 2011, from www.freedomforum.org: http://www.freedomforum.org/packages/first/schoolvouchers/part2.htm
Oyez. (2011). Epperson v. Arkansas. Retrieved March 12, 2011, from www.oyez.org: http://www.oyez.org/cases/1960-1969/1968/1968_7
UMKC. (n.d.). Exploring Constitutional Conflicts. Retrieved March 12, 2011, from www.law2.umkc.edu: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/estabinto.htm
University, C. (n.d.). United States Constitution. Retrieved March 12, 2011, from www.topics.law.cornell.edu: http://topics.law.cornell.edu/constitution/first_amendment
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...
A popular notion among many religious conservatives is the rejection of what is commonly referred to as the separation between church and state. They maintain the United States was founded by leaders who endorsed Christian principles as the cornerstone of American democracy, and that the First Amendment prohibition against government establishment was not intended to remove religion from public life. As a result, a number of disputes have made their way through to the courts, pitting those ready to defend the wall of separation, against those who would tear it down. Two recent cases have brought this battle to the forefront of political debate. The first involves an Alabama Supreme Court justice, who, in defiance of a Federal judge, fought the removal of a granite display of the Ten Commandments from the rotunda of the state courthouse. Also, a California man has challenged the constitutionality of the phrase “under God” in an upcoming Supreme Court case involving student recitation of the pledge of allegiance.
The Myth of the Separation of Church and State retrieved on January 7, 2005 from: http://www.noapathy.org/tracts/mythofseparation.html
The Supreme Court has adopted a standard of neutrality to satisfy the Establishment Clause stating: neither federal or state government can enact laws which aid one religion, aid all religions, or prefer one religion over another, and neither can force nor influence a person to profess a belief or disbelief in any religion. Everson v. Bd. of Educ., 330 U.S. 1, 15 (1947). The means that the Martin County Board cannot actively endorse any one particular religion over another and also cannot restrict any one particular religion. See Marsh v. Chambers, 463 U.S. 794, 795 (1983). It must remain religiously neutral. Id. at 795. The Martin County Board’s meeting practice of offering a prayer before its board meetings violates the Establishment Clause because they provided strong sectarian references in their invocations, endorsed Christianity, and coerced those in attendance to participate in the prayers.
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.
" There is another reference to religion in Article 6, Section 3. This clause states "the United States" and the several States shall be bound by oath or affirmation to support this Constitution. but no religious test shall ever be required as a qualification to any office or public trust. under the United States" http://www.law.cornell.edu/constitution/constitution.billofrights.html. For the purpose of this paper I am going to focus on the establishment of religion above mentioned in the The First Amendment..
Proponents of a highly limited separation of church and state often argue that America’s founding fathers would be appalled at the extent to which the Judeo...
There are many different philosophies regarding prayer in public school. It seems to be a difficult issue to decide upon. The opinions are wide-ranging and convoluted. This paper will attempt to highlight the many ideas and opinions as to whether prayers in public school should be allowed and to what extent. It will further show how our founders' idea of a separate church and state has been taken out of context and why prayer in school should be allowed, but not required.
Current Controversies. Rpt. from "School Prayer and Religious Liberty: A Constitutional Perspective." www.cwfa.org. 2000. The. Opposing Viewpoints in Context.
The Establishment Clause of the Constitution’s First Amendment clearly reflects the Founding Father’s attempt to avoid the British practice of an intertwined state and church. It is evident that this clause was put into place to avoid government entanglement with religious affiliations. Having spent the majority of my life reciting the Pledge of Allegiance every morning at school, I never realized the government’s failure to comply with the Establishment Clause and ultimately defy the constitution. Having read both sides of the argument, I found Laycock’s assertions to be particularly convincing while Sekulow’s claims were less compelling.
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.
Newdow v. United States Congress, Elk Grove Unified School District, et al., 542 U.S. 1 (2004). 2010 - 10 23. Retrieved 11 20, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Elk_Grove_Unified_School_District_v._Newdow. Religious liberty in public life. 2010 - 24 May 2010.
Gaylor, Annie Laurie. The Case Against School Prayer. “Keep the Church and State Forever Separate.” Madison, Wisconsin: Freedom From Religion Foundation, Inc., 1995. ( www.ffrf.org/pray.html )
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...
The establishment clause does not allow the government to pass legislation that establishes an official religion you must follow. Some religious things that are related to the government can be called constitutional by Supreme Court. Most people are not allowed to deny you free exercise of your religion. For example; if a student were to ask a teacher to pray before a test and the teacher says “No” they would be denying that student their free exercise but, if the teacher were to say “Yes” it would be establishment of religion.