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Religion in the Schools

Religion in the Schools. The Decisions of the Supreme Court. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” -The Establishment and Free Exercise Clauses of The U.S. Constitution. Engel v. Vitale (1962).

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Religion in the Schools

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  1. Religion in the Schools The Decisions of the Supreme Court

  2. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” -The Establishment and Free Exercise Clauses of The U.S. Constitution

  3. Engel v. Vitale (1962) “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country.” Question: Is it unconstitutional to, as stipulated by the State Board of Regents (NY), require the above prayer to be recited “aloud by each class in the presence of a teacher at the beginning of each school day”?

  4. Engel v. Vitale (1962) Points to Consider: • Atheists believe in no God • Agnostics are unsure of the presence of God • The prayer recognizes one God; many religions are polytheistic • 22 State Attorney Generals wrote to the Supreme Court in favor of the prayer • Board had the following regulation: "Neither teachers nor any school authority shall comment on participation or nonparticipation...nor suggest or request that any posture or language be used or dress be worn or be not used or not worn." • The NY State Court and NY Court of Appeals sided with the school district when the parents of ten students filed a lawsuit

  5. Engel v. Vitale (1962) What effect will the Supreme Court’s Decision have? • Rule against this prayer and make all prayer in school unconstitutional • Rule for this prayer and close the doors on future school prayer cases

  6. Engel v. Vitale (1962) The Decision: • With a 6-1 vote, it was deemed unconstitutional to have school-sponsored prayer. • However, students are not prohibited from praying in school, such as before meals or before/after class. Source: http://www.religioustolerance.org/ps_prag.htm

  7. Abington School District v. SchemppMurray v. Curlett In 1963, these two cases were decided together with an 8-1 vote. They established the following: • Reading the Lord’s Prayer or verses of the Bible in school is unconstitutional • Even if prayer is voluntary, it still violates the establishment clause • “…‘to withstand the structures of the Establishment Clause there must be a secular legislative purpose and a primary effect that neither advances nor inhibits religion.’’’ • Sources: http://religiousfreedom.lib.virginia.edu/court/abin_v_sche.html http://atheism.about.com/library/decisions/religion/bl_l_AbingtonSchempp.htm

  8. McCollum v. Bd. Of Ed. (1948) • School allowed time for classes in one of many religions • Attendance was taken and given to teachers • Students needed parental permission to participate • Students not participating could not take an academic class, as to not get ahead of religious peers

  9. McCollum v. Bd. Of Ed. (1948) With a 6-1 vote, these classes were deemed unconstitutional • Tax-funded schools were aiding in the spread of religion • Students became a “captive audience” for clergy, as they were forced to remain in school during these classes. Source: http://atheism.about.com/library/decisions/religion/bl_l_McCollumBoard.htm

  10. Santa Fe Independent School District v. Doe (2000) • Prayer said over P.A. before varsity football games • While suit was pending, students held two elections: They voted to allow these “invocations” and then voted on who would deliver them • District Court ordered that prayers could neither be affiliated with a particular religious group or attempt to convert anyone.

  11. Santa Fe Independent School District v. Doe (2000) The Court ruled 6-3 that the prayer was unconstitutional for these reasons: • Not given at a public forum where all messages are acceptable • Some students (band, cheerleaders, players, etc.) must attend games • Not private speech, as argued by the school: school grounds, school-sponsored activity, school P.A, read by student, supervision of faculty Sources: http://supct.law.cornell.edu/supct/html/99-62.ZS.html http://atheism.about.com/library/decisions/religion/bl_l_SantaFeDoe.htm

  12. Edwards v. Aguillard (1987) • Louisiana had a “Creationism Act”—if evolution was taught in school, creationism was required to be taught, too. • Louisiana provides schools with materials to teach creationism, but not evolution. • Louisiana does not require the teaching of creationism; it is only mentioned when evolution is taught.

  13. Edwards v. Aguillard (1987) The “Creationism Act” was deemed unconstitutional by a 7-2 vote because: • “The Act does not have a secular purpose. It does not advance academic freedom and restricts the abilities of teachers to teach what they deem appropriate.” • “The Louisiana Creationism Act advances a religious doctrine by requiring either the banishment of the theory of evolution from public school classrooms or the presentation of a religious viewpoint that rejects evolution in its entirety.” Source: http://religiousfreedom.lib.virginia.edu/court/edwa_v_agui.html

  14. Zobrest v. Catalina Foothills School District (1993) • Jeff Zobrest was a deaf student attending Catholic school • The Federal and Appellate courts dismissed the lawsuit filed against the school district calling for Jeff to be provided an interpreter • Was the school district required, under the Individuals with Disabilities Education Act (which would likely have provided an interpreter if he had been in public school) and the Free Exercise Clause, to provide an interpreter?

  15. Zobrest v. Catalina Foothills School District (1993) In a 5-4 vote, the Court ruled that it was the school district’s duty to provide an interpreter • The private school was not “being relieved of any financial burden that they otherwise would have to bear (as in the case of purchasing textbooks or other supplies for religious schools).” • The interpreter would not add to the religious environment in which Jeff was educated. The Dissenting viewpoint: • It is unclear whether the law requires an interpreter to be provided, thus the state should decide the case.

  16. Zobrest v. Catalina Foothills School District (1993) What was the importance of the case? The case allowed public employees to work within private, religious schools. Even if they are translating religious information, they are not advancing a religion or creating a more religious environment. Source: http://religiousfreedom.lib.virginia.edu/court/zobr_v_cata.html

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