Lesson 5: Diversity and Equality

(c) Constitutional Rights Foundationwww.crf-usa.org

Lesson 5: Diversity andEqualityOVERVIEW

In this lesson, students explore how our political sys-tem addresses issues of diversity. First, students readand discuss an introductory article about diversity andequality. Next, they read an activity reading on the con-stitutional issue of student-led prayer at public schoolevents. Finally, they role play Supreme Court justicesand attorneys deciding this issue.

OBJECTIVES

Students will be able to:

1. Express different viewpoints about the role andvalue of diversity in America.

2. Explain a historical conflict over diversity.

3. Argue and decide a constitutional issue overdiversity.

STANDARDS ADDRESSED

National Civics Standards for High School

(11) Understands the role of diversity in American lifeand the importance of shared values, politicalbeliefs, and civic beliefs in an increasingly diverseAmerican society

(14) Understands issues concerning the disparitiesbetween ideals and reality in American politicaland social life

PREPARATION

In advance of the lesson, you might assign for reviewthe key words for this lesson from Handout Q.

PROCEDUREA. Focus Discussion: Hold a brief discussion by ask-

ing students: “Do you think our nation doesenough to ensure equal protection under the law?Why or why not?”

B. Introductory Reading and Discussion: Have stu-dents read Diversity and Equality on page 24.Hold a brief discussion using the Points ofInquiry on page 25.

1. In what ways is America a diverse society?What are some different viewpoints about therole and value of diversity in American life?How has diversity affected American politics?

11

2. What are some conflicts in American historythat have taken place over diversity? Why doyou think some of these conflicts have beenresolved and others have not?

3. Why do you think constitutional principlesmust be followed when managing conflictswith diversity?

4. What gaps are there between the ideal ofequality and actual equality in American soci-ety? What efforts do you know about thathave reduced these gaps? Do you think ideals,like the ideal of equality, are important?Explain.

C. Activity Reading and Discussion: Have studentsread Should Students Have the Right to LeadPrayers at Public School Events? on page 25.Conduct a class discussion using the Points ofInquiry on page 27.

1. What is the establishment clause? What is itspurpose?

2. Do you think the establishment clause isimportant? Explain.

3. What do you think are the strongest argu-ments on each side in the student-led prayercase?

D. Small-Group Activity: Supreme Court Role Play

Step 1. Explain that the Supreme Court had oneissue before it in the Texas student-led prayer case.Write the issue on the board: Does the schoolboard policy permitting student-led, student-initi-ated prayer at football games violate the establish-ment clause?

Step 2. Inform students that they are going totake part in a role play of the Supreme Courtdeciding this issue. Divide the class into groupsof three. Assign each student in each triad one ofthree roles: (1) lawyer for the school board,(2) lawyer for the Catholic and Mormon families,and (3) Supreme Court justice.

Step 3. Regroup the class so that students canconsult with one another while preparing for themoot court. Put school board lawyers on one sideof the room, lawyers for the families on the other,and Supreme Court justices in front. Tell thelawyers to think up their best arguments and thejustices to think up questions to ask each side.Tell everyone to refer to the reading.


Step 4. Regroup into triads and begin the mootcourt. The justices leading each group should letschool board lawyers present their cases first andthen have the opposing lawyer speak. The justicecan interrupt to ask questions. After both sidespresent, have the justices return to their seats infront, discuss the case in front of the class, andvote. Each justice should individually state his orher opinion on the case.

Step 5. Debrief by asking what were the strongestarguments on each side.

12

Lesson 6: Conflicts

OVERVIEW

In this lesson, students explore methods that govern-ments use to resolve conflicts. First, students read anddiscuss an introductory reading about how our consti-tutional democracy deals with conflicts. Next, studentsread and discuss an activity reading about legal meth-ods for dealing with conflicts over eminent domainactions. Finally, working in small groups, students eval-uate hypothetical cases to determine whether they qual-ify as “takings” requiring just compensation under theFifth Amendment of the Constitution.

OBJECTIVES

Students will be able to:

1. Identify examples of conflicts between basic valuesor constitutional principles.

2. Identify factors in American society that have con-tributed to lessening divisiveness.

3. Evaluate whether hypothetical cases qualify as“takings” under the Fifth Amendment.

STANDARDS ADDRESSED

National Civics Standards for High School

(13) Understands the character of American politicaland social conflict and factors that tend to preventor lower its intensity

PREPARATION

In advance of the lesson, you might assign for reviewthe key words for this lesson from Handout Q. Youwill also need a copy of Handout E for each student.

PROCEDUREA. Focus Discussion: Remind students that our

Constitution guarantees the right to free speechand the right to a fair trial. Ask students: “Howmight these two rights come into conflict? Whichright is more important? Why?” Hold a brief dis-cussion.

B. Introductory Reading and Discussion: Ask stu-dents to read Conflicts on page 28. Hold a classdiscussion using the Points of Inquiry on page 29.

1. What are some examples of conflicts betweenbasic values or principles?

© 2001, Constitutional Rights FoundationThe Challenge of Governance

Key Terms

HHaannddoouutt QQ,, ppaaggee 11

1common lawconstitutionconstitutional governmentdemocracydivine right of kingsEnglish Bill of Rights (1689)John Lockelimited governmentMagna Cartanatural rightspopular sovereigntyrule of law

2Articles of ConfederationBill of Rightschecks and balancesconstitutional amendmentDeclaration of IndependenceEnlightenmentliberalismProtestant Reformationseparation of powersstate constitutionsU.S. Constitution

3confederal systemdirect democracyfederal systemmonarchyparliamentary systempolitical authoritypoliticsrepresentative democracyrepublicsystem of shared powersunitary system

4authoritarian governmentcivil societycommon goodjusticelibertyprivate sectorProgressive eraPuritan work ethictotalitarian governmentvoluntary associations

5affirmative actioncommerce clausediversityestablishment of religion 14th Amendmentfree exercise of religionsecularseparation of church and state

6eminent domainjust compensationloyal oppositionpolice powersProhibitionpropertypublic usezoning

7domestic policyexecutive branch

Federal CommunicationsCommission

Federal Reserve Boardflat taxgraduated tax

independent federal regulatoryagency

judicial branchlegislative branchpresidential vetoprogressive taxregressive tax

Securities ExchangeCommission

trade policyvalue-added tax

8bicameral cityconcurrent powerscountymunicipalityreserved powersspecial districtstate10th Amendmentunicameral

9appellate courtscivil courtscriminal courtsdue process of lawequal protectionimpeachment independent judiciaryjudicial reviewmediationnegotiationordered libertyrecall


24

America is a diverse country. Its diversitytakes many forms. It is racially and ethi-

cally diverse, having significant numbers ofcitizens of all races and major ethnic groups.There is great religious diversity: Catholics,Protestants, Mormons, Jews, Muslims, Hin-dus, Sikhs, Bahais, Wiccans, and Native

American faiths are allrepresented. There is avast range of socioeco-nomic levels from thevery rich to the verypoor. There are regionaldifferences from NewEngland to the Far West,from the Deep South tothe Great Lakes. ThoughEnglish is the predomi-nate language, our citi-zens speak scores of dif-ferent languages.

Throughout our history,diversity has had a signif-icant impact on our soci-ety and its politics.Before and during the

Civil War, the issue of slavery tore Americaapart. During Western expansion, settlersclashed with Native Americans, and debatesraged about how to address the “Indian ques-tion.” In the late 19th century, immigrationbecame an issue leading to the exclusion ofvarious Asian peoples. The Irish, a despisedimmigrant group when they arrived, foughtfor acceptance and established strong politicalbases in urban areas such as New York,Boston, and Chicago. The 20th century hasseen the struggle of blacks and other minori-ties for equal protection of the law—a strugglewaged in the courts, in the halls of Congress,and in protest demonstrations.

Viewpoints differ about the role and value ofdiversity in American life. Many believe thatdiversity is among America’s greateststrengths. It infuses American life with numer-ous rich traditions, not just one. It enrichesour culture with new ideas, numerous artforms, and a wide array of music, foods, holi-days, and beliefs. Others view diversity, and

the issues that it presents about the treatmentof minorities, as a challenge to our societyand its political system. Some worry that theongoing focus on diversity and its celebrationin American life creates destructive tensionsin our society leading to division and conflict.

Yet conflicts over diversity are an ongoingreality in American society. Those noting thedisparity in economic prosperity betweenwhites and blacks and other minorities seekprograms and policies to achieve greaterequality. Debates over affirmative action inemployment and education mirror this con-flict. Religious groups who favor prayer or theposting of the Ten Commandments in publicschools claim that their rights of free expres-sion about religion are denied. Advocates forbetter opportunities for women seek greaterequality in pay and promotion in the work-place. Gay and lesbian advocates struggle foranti-discrimination laws and the right to liveas domestic partners.

MANAGING CONFLICTS USING ACONSTITUTIONAL FRAMEWORK

Conflicts over diversity must be managedaccording to constitutional values and princi-ples. For example, the 14th Amendment of theU.S. Constitution forbids states from makingor enforcing a law that denies any person“equal protection of the law.” This amend-ment was passed after the Civil War to assurethat the newly freed slaves would be treatedfairly.

Because of numerous decisions of the U.S.Supreme Court, the equal protection clause ofthe 14th Amendment has become a powerfultool for resolving conflicts over diversity. Ithas been used to strike down many laws andgovernment practices that discriminate againstAmericans.

The commerce clause (Article I, Section 8 ofthe Constitution) is another provision thathas been used to resolve conflicts over diversi-ty and protect minority rights. It gives Con-gress the power to “regulate Commerce . . .among the several states.” Congress has usedthis power to fight discrimination in businessand in the workplace.

5 Diversity and Equality

DuringReconstruction,

black Americansparticipated in the

electoral process forthe first time. By1877, U.S. voters

had sent 22 blackrepresentatives to

Congress.


Other constitutional provisions also regulateconflicts over diversity. The First Amendmentforbids Congress from making any lawrespecting the establishment of religion orprohibiting the free exercise of religion. Overthe years, this amendment has protected reli-gious minorities from interference with theirreligious practices.

As has been noted, Article I has granted Con-gress many powers. Congress has used thesepowers to help resolve conflicts over diversityand protect minorities. For example, by pass-ing the Americans With Disabilities Act, Con-gress sought to assure that those with disabili-ties would receive appropriate access to travelfacilities, the workplace, and businessesthroughout America.

Not all of America’s conflicts over diversityhave been resolved, nor are they likely to be.The values and principles described in theConstitution set an ideal. They are also sub-ject to interpretation. Disagreements andstruggles will continue over how closely thereality of equality is to the ideal of equality inAmerican life. Only on one issue must Ameri-cans agree. The struggle over equality must bewithin the context of our constitutional sys-tem of government.

Should Students Havethe Right to LeadPrayers at PublicSchool Events?Religion and high school football are strongtraditions in Santa Fe, Texas. Both traditionscombined in the fall of 1999 when Santa FeHigh School senior Marian Lynn Ward usedthe press box microphone at the school’s foot-ball stadium to say a brief pregame prayer.After asking God to watch over those presentand to inspire good sportsmanship, Marianended by saying, “In Jesus’s name I pray.Amen.” The 4,000 students and adults in thestands enthusiastically cheered the 17-year-oldSanta Fe student.

The previous spring, the student body atSanta Fe High had elected Marian to deliveran “invocation and/or message” of her choiceat each of the football home games. This wasin line with a school board policy. That poli-cy was challenged in a case that eventuallyreached the U.S. Supreme Court. The courthad never before decided a case of a student-led prayer at a school event.

THE CHURCH, THE STATE, AND THEPUBLIC SCHOOLS

The First Amendment of the Bill of Rightssays two things about religion. It prohibitsCongress from passing any laws that wouldestablish an officially approved religion, and itguarantees that individuals may exercise theirown religious beliefs. (The two clauses areknown as the establishment clause and free-exercise clause.) Due to the 14th Amendment,state and local governments, including agen-cies like the public schools, are also bound bythese First Amendment clauses.

The creators of the First Amendment knewfrom experience that establishing an officialreligion was dangerous, because governmentcould use its power to force people to worshipin a certain way. During colonial times, reli-gious groups like the Baptists and Quakerswere often persecuted in communities wherethey were in the minority.

Religion, especially as practiced by the Christ-ian majority, has always had an importantinfluence in American society. Official 25

POINTS OF INQUIRY

1. In what ways is America a diverse soci-ety? What are some different viewpointsabout the role and value of diversity inAmerican life? How has diversity affect-ed American politics?

2. What are some conflicts in Americanhistory that have taken place over diver-sity? Why do you think some of theseconflicts have been resolved and othershave not?

3. Why do you think constitutional princi-ples must be followed when managingconflicts with diversity?

4. What gaps are there between the ideal ofequality and actual equality in Americansociety? What efforts do you knowabout that have reduced these gaps? Doyou think ideals, like the ideal of equali-ty, are important? Explain.


26

state-supported Christian churches were even-tually “disestablished” after the adoption ofthe Bill of Rights. But Christian religiouspractices remained a part of public life inmany states. For example, mandatory dailyprayers, Bible readings, and similar devotionalexercises were common in public schools.

But starting in the 1960s, the U.S. SupremeCourt began to abolish adult-led prayers inthe public schools. The Supreme Court ruledthat such practices established a government-approved religion, in most cases Christianity,which violated the establishment clause of theFirst Amendment. To avoid this situation,public schools had to appear strictly neutraland neither endorse nor oppose religion.

Some argued that prayers should continue inschools, and those students who did not wantto participate in them could remain silent orbe excused. But the Supreme Court pointedout that this would brand the non-participat-ing students as outsiders and subject them toridicule and harassment by their peers.

Over the next few decades, the SupremeCourt generally continued to restrict the roleof religion in the public schools. An excep-tion was a decision in 1990 involving a highschool that refused to permit a Christian clubto form. The high court ruled that studentscould voluntarily meet outside of instruction-al time to exercise their right of religiousspeech. [Westside Community Schools v. Mergens,496 U.S. 226 (1990)]

Two years later, though, the Supreme Courtheld that a public school inviting a clergymanto give an invocation and benediction at agraduation ceremony violated the establish-ment clause. The court found that becauseschool graduations are such important eventsin the lives of young people, students are real-ly compelled to attend them. In such a set-ting, the court concluded, students should notbe forced to participate in a religious exercisethat might violate their beliefs. [Lee v. Weis-man, 505 U.S. 577 (1992)]

STUDENT-LED PRAYER

Santa Fe is a heavily Baptist community ofabout 8,000 people on the Gulf Coast ofTexas. In April 1995, a Catholic and a Mor-mon family both sued the Santa Fe publicschool district for failing to stop persistentreligious practices in the schools. The federaldistrict court allowed the two plaintiff fami-lies to file their lawsuit under the assumedname “Jane Doe” because of allegations ofintimidation by school authorities.

The plaintiffs objected to teachers promotingtheir religious views in the classroom, schooladministrators permitting Bibles to be distrib-uted on the campuses, and a long history ofChristian prayers at graduations and athleticevents. The federal district court found inci-dents in which students and even some teach-ers harassed those who did not accept theBibles and did not participate in prayers atschool events.

By fall 1995, the school board had developed apolicy covering football games. It permittedstudents to deliver a brief “invocation and/ormessage to be delivered during the pregameceremonies of home varsity football games tosolemnize the event, to promote good sports-manship and student safety, and to establishthe appropriate environment for the competi-tion.”

The policy went on to describe a procedurefor two special student elections each spring.One would decide in a secret ballot whetherthe majority of Santa Fe High students want-ed a pregame “invocation and/or message.”The second vote, also by secret ballot, wouldchoose a student volunteer to deliver it. Thestudent who was chosen, like Marian LynnWard in 1999, could then decide what to say, as

In Santa Fe, Texas,supporters rally in

favor of student-led prayer at

school events.


long as this was “consistent with the goals andpurposes of the policy.”

The federal district court ordered that onlynon-sectarian prayers were permitted. Onappeal, the U.S. circuit court decided that thepolicy was unconstitutional. The school boardappealed to the U.S. Supreme Court [Santa FeIndependent School District v. Jane Doe et al.(2000)].

When this case reached the Supreme Court inMarch 2000, the justices agreed to decide thefollowing issue: “Whether [the school board]policy permitting student-led, student initiatedprayer at football games violated the Estab-lishment Clause.” The attorneys for the SantaFe Independent School District made thesemain points in their written brief to theSupreme Court:

1. The school board policy does not violatethe establishment clause because the deci-sions whether to have a pregame “invoca-tion and/or message,” who will deliver it,and what the student will say is entirely inthe hands of students exercising theirFirst Amendment rights.

2. The school board policy is neutral anddoes not endorse any religion.

3. The student-led “invocation and/or mes-sage” could be a prayer, if the studentchooses, or, it could be a non-religiousstatement that conforms to the stated pur-poses of the school board policy.

4. The school board policy has non-religiouspurposes such as promoting student freespeech and good sportsmanship.

5. The “invocation and/or message” is deliv-ered by a student at a sports event outsideof school hours before a mix of studentsand adults who are attending voluntarily.

The attorneys for the anonymous Catholicand Mormon families made these main pointsin their written brief to the Supreme Court:

1. The school board policy does violate theestablishment clause because using theword “invocation” plus the long traditionof pregame Christian prayers at Santa FeHigh football games clearly show a schoolendorsement of the community’s domi-nant religion.

2. The two-part election procedure in theschool board policy leaves little doubtthat the views of the religious majority(mainly Baptists) will be imposed onthose who hold different beliefs.

3. The school is not neutral and uninvolvedsince the student-led prayer can only bedelivered during the school’s pregame cer-emony, over the school stadium’s publicaddress system, before a crowd assembledon school property for a school-spon-sored event.

4. Football team members, band members,and cheerleaders must attend the school’sfootball games. If any of them chose notparticipate in the pregame student-ledprayer, they could be harassed by othersboth at the game and later on at school.

5. The school board policy is a shamdesigned to make sure that the longstand-ing practice of Christian prayers remainsan official Santa Fe High School tradi-tion.

27

POINTS OF INQUIRY

1. What is the establishment clause? Whatis its purpose?

2. Do you think the establishment clauseis important? Explain.

3. What do you think are the strongestarguments on each side in the student-led prayer case?

Documents

Lesson 5: Diversity and Equality