Religion and Public Schools

The First Amendment to the Constitution directs,

“Congress shall make no laws respecting an establishment of

religion, or prohibiting the free exercise thereof;…”

(Separation of church/state)

Establishment Clause

No laws helping one religion over another

Free Exercise Clause

Prohibits interfering with religious freedoms

Public schools remain neutral

QuickTime™ and aTIFF (Uncompressed) decompressorare needed to see this picture.

School Prayer History

1962 Engel v. Vitale (New York) Prayer was required in the public schools Claimed undenominational and approved by state courts Students could remain silent or be excused from room Supreme Court decided it violated Establishment Clause

1963 Abington Township S.D. v. Schempp, (Pennsy.) Required bible reading at the beginning of each school day Students could be excused upon parental written request Consent of the majority cannot use the State to practice its beliefs Supreme Court decided it violated Establishment Clause

1985 Wallace v. Jaffree (Alabama) One minute of silence required for meditation/voluntary prayer Teacher sometimes asked a “willing student” to recite prayer “Voluntary prayer” indicates a favored practice and not consistent with neutrality

towards religion Supreme Court decided it violated Establishment Clause

School Prayer History

1992 Lee v. Weisman, (Rhode Island) Nonsectarian prayer at formal middle school graduation ceremony School district invites members of clergy to offer invocation/benediction Clergy given guidelines composed with “inclusiveness and sensitivity” Important event had compelled attendance/participation Supreme Court decided it violated Establishment Clause

2000 Sante Fe Independent S.D. v. Doe (Texas) Student-led, initiated prayer before home football games Students voted by secret ballot on what the invocation will be and it must

be nonsectarian Majority election on the encouragement of religion is a constitutional

violation Supreme Court decided it violated Establishment Clause

Recommendation regarding Prayer/Religion in Public School

Develop legally defensible guidelines that are supported by the U.S. Supreme Court decisions addressing religious activities/events in their school

School-sponsored holiday programs must not be conducted in a religious atmosphere

School authorities must refrain from any activity that would create an unclear line of separation between school activities and religious activities

Ask the question, “Is the primary purpose of a law or practice to advance or inhibit religion creating an entanglement of church and state?” (U.S. Supreme Court, primary effect)

School authorities should consult the district’s legal counsel regarding any questionable religious activities in their school