church state relations elc edlawnet task group session 4 aaron woody
Download
Skip this Video
Download Presentation
Church / State Relations ELC EdLawNet Task Group Session #4 Aaron Woody

Loading in 2 Seconds...

play fullscreen
1 / 12

Church / State Relations ELC EdLawNet Task Group Session #4 Aaron Woody - PowerPoint PPT Presentation


  • 79 Views
  • Uploaded on

Church / State Relations ELC EdLawNet Task Group Session #4 Aaron Woody. AGENDA. 10 Minutes - Look at critical points to consider Religious Influences in Public Schools 10 Minutes – Reflective Guides as it relates to current cases Emphasis on “Common Sense” 5 Minutes –

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about ' Church / State Relations ELC EdLawNet Task Group Session #4 Aaron Woody' - elijah


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
agenda
AGENDA
  • 10 Minutes -
      • Look at critical points to consider
      • Religious Influences in Public Schools
  • 10 Minutes –
      • Reflective Guides as it relates to current cases
      • Emphasis on “Common Sense”
  • 5 Minutes –
      • Your Turn “Scenarios you might encounter”
      • Questions / Comments
talking point 1
Talking Point #1
  • Church State issues have been argued through the Fourteenth Amendment
  • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…
  • THE ESTABLISHMENT CLAUSE
religion government tenuous balance

Religion & Government: Tenuous 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 2
Talking Point #2
  • The LEMON Test (LEMON vs. Kurtzman)
  • A Three Part Test
    • Have a secular purpose
    • Have a primary effect that neither advances nor impedes religion
    • Avoid excessive governmental entanglement with religion
other tests
OTHER TESTS:
  • Endorsement Test
    • Primary effect neither endorse nor dissaprove religion
  • Coercion Test
    • Direct or Indirect Government Coercion to “Promote a Faith”
talking point 3
Talking Point #3
  • Free Exercise Clause
    • Looks at individual activity and whether the state has acted in a coercive way (FIRST AMENDMENT RIGHTS)
  • Example: Wisconsin vs. Yoder 1972)
  • Gray Areas…
    • Adults employed by the school – are an extension of the state
    • Students have more protection as individual citizens
other religious influences in public schools
Other Religious Influences in Public Schools
  • Silent Prayer
  • School Sponsored verses private devotionals
  • Student elections to authorize prayer
  • Religious displays and Holiday observances
  • Proselytization in the classroom
  • Equal Access
  • School Access for community groups
  • Accommodations for Religious Beliefs
  • Religious Exemption from Secular Activities
  • Defining what “IS” religious?
best practice
BEST PRACTICE…
  • USE COMMON SENSE…
  • Districts and “Courts” will look to answer the question:

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

recommended reading
Recommended Reading
  • A TEACHER’S POCKET GUIDE TO SCHOOL LAW. Nathan Essex (I reference this in the handout)
  • American Center for Law and Justice http://aclj.org/
  • ACLU American Civil Liberties Union

http://aclu.org

  • http://www.churchstatelaw.com
ad