Church / State Church / State RelationsRelations

ELC EdLawNet Task GroupELC EdLawNet Task Group

Session #4Session #4Aaron WoodyAaron Woody

AGENDAAGENDA

10 Minutes -10 Minutes - 1.1. Look at critical points to considerLook at critical points to consider

2.2. Religious Influences in Public SchoolsReligious Influences in Public Schools

10 Minutes –10 Minutes – 1.1. Reflective Guides as it relates to current Reflective Guides as it relates to current

casescases

2.2. Emphasis on “Common Sense”Emphasis on “Common Sense”

5 Minutes –5 Minutes – 1.1. Your Turn “Scenarios you might encounter”Your Turn “Scenarios you might encounter”

2.2. Questions / CommentsQuestions / Comments

Talking Point #1Talking Point #1

Church State issues have been argued Church State issues have been argued through the Fourteenth Amendmentthrough the Fourteenth Amendment

Congress shall make no law respecting Congress shall make no law respecting an establishment of religion, or an establishment of religion, or prohibiting the free exercise thereof…prohibiting the free exercise thereof…

THE ESTABLISHMENT CLAUSETHE ESTABLISHMENT CLAUSE

Religion & Government: Religion & Government: Tenuous BalanceTenuous Balance

Establishment Clause:

•Government shall not advance Religion

Free Exercise Clause

• Freedom in individual Religious Practices

There are TWO Constitutional Clauses in regard to religion,

and they are constantly in conflict

Talking Point #2Talking Point #2

The LEMON Test (LEMON vs. The LEMON Test (LEMON vs. Kurtzman)Kurtzman)

A Three Part TestA Three Part Test Have a secular purposeHave a secular purpose Have a primary effect that neither Have a primary effect that neither

advances nor impedes religionadvances nor impedes religion Avoid excessive governmental Avoid excessive governmental

entanglement with religionentanglement with religion

OTHER TESTS:OTHER TESTS:

Endorsement TestEndorsement Test Primary effect neither endorse nor Primary effect neither endorse nor

dissaprove religiondissaprove religion

Coercion TestCoercion Test Direct or Indirect Government Coercion Direct or Indirect Government Coercion

to “Promote a Faith”to “Promote a Faith”

Talking Point #3Talking Point #3

Free Exercise ClauseFree Exercise Clause Looks at individual activity and whether the Looks at individual activity and whether the

state has acted in a coercive way (FIRST state has acted in a coercive way (FIRST AMENDMENT RIGHTS)AMENDMENT RIGHTS)

Example: Wisconsin vs. Yoder 1972)Example: Wisconsin vs. Yoder 1972) Gray Areas…Gray Areas…

Adults employed by the school – are an Adults employed by the school – are an extension of the stateextension of the state

Students have more protection as individual Students have more protection as individual citizenscitizens

Other Religious Influences in Other Religious Influences in Public SchoolsPublic Schools

Silent PrayerSilent Prayer School Sponsored verses private devotionalsSchool Sponsored verses private devotionals Student elections to authorize prayerStudent elections to authorize prayer Religious displays and Holiday observancesReligious displays and Holiday observances Proselytization in the classroomProselytization in the classroom Equal AccessEqual Access School Access for community groupsSchool Access for community groups Accommodations for Religious BeliefsAccommodations for Religious Beliefs Religious Exemption from Secular ActivitiesReligious Exemption from Secular Activities Defining what “IS” religious?Defining what “IS” religious?

BEST PRACTICE…BEST PRACTICE…

USE COMMON SENSE…USE COMMON SENSE…

Districts and “Courts” will look to Districts and “Courts” will look to answer the question:answer the question:

““What would a reasonable What would a reasonable person do in (or with) this person do in (or with) this

situation?”situation?”

Recommended ReadingRecommended Reading A TEACHER’S POCKET GUIDE TO SCHOOL A TEACHER’S POCKET GUIDE TO SCHOOL

LAW. Nathan Essex (I reference this in the LAW. Nathan Essex (I reference this in the handout)handout)

American Center for Law and Justice American Center for Law and Justice

http://aclj.org/http://aclj.org/

ACLU American Civil Liberties UnionACLU American Civil Liberties Unionhttp://aclu.orghttp://aclu.org

http://www.churchstatelaw.comhttp://www.churchstatelaw.com

SCENARIOSSCENARIOS

QUESTIONSQUESTIONS??????