Separation of Church and State

1. Separation of Church and State Chapter 5 in American Public School Law 7th Edition by: Alexander and Alexander Jill Hermansen EDAD 735 2/4/2010

2. Download This Presentation At http://jh397.k12.sd.us/SchoolLaw.htm • To use the file LEFT CLICK the link then Save to your computer or Open and Play off the web if you do not have PowerPoint.

3. Question • What does separation of church and state mean to you? • What implications does this have for schools? • Discuss with your neighbor

4. Background • English philosopher John Locke believed the role of government was to provide for our civil interests • These are life, liberty, health and property • Therefore Locke felt government should not interfere with religious beliefs. http://plato.stanford.edu/entries/locke/#SocConThe

5. Early America • The framers of the Declaration of Independence and the Constitution held similar beliefs to Locke • Based on religious tensions experienced in Europe • Many items in these documents point to a separation of church and state. • However, these words never appear in either document!

6. Early American Quotes • Thomas Jefferson believed in a “wall of separation.” • John Adams said “Congress will never meddle with religion further than to say their own prayers, and to fast and to give thanks once a year.” • Charles Pinckney said “the legislature of the United States shall pass no law on the subject of religion.”

7. The 1st Amendment • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

8. Breakdown the 1st Amendment • Two parts to the first amendment • Establishment Clause – • Prohibits the government from endorsing religion • Free Exercise Clause • People are free to believe what they choose • These often work against each other • God shows up all over Washington DC

9. 1st Amendment and Public Education • Since public education is financed through tax dollars it is subject to the 1st Amendment • Public education must be secular in nature • Neither endorsing nor financing a specific religion • Public Education should benefit society • Hard to tell where public education ends and spiritual education begins

10. The 14th Amendment • Several sections to the Amendment. • Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

11. The 14th Amendment • Many cases that make it to the Supreme Court are challenges of state laws. • Therefore it is said that a law violates the 1st and 14th Amendment

12. EVERSON v. BOARD OF EDUCATION SUPREME COURT OF THE UNITED STATES330 U.S. 1 1947 • Summary p. 184 • A New Jersey statute authorizes its local school districts to make rules and contracts for the transportation of children to and from schools. • A local school allowed reimbursement of bus transportation to parents that sent they children to parochial school

13. A taxpayer filed suit saying this was a violation of the 1st Amendment • What do you think? Is providing money to bus children to a religious school a violation of the establishment clause of the 1st Amendment? • On your clicker A for Yes B for No

14. Finding • This is not a violation of the 1st Amendment because it does not support religion it simply transports children safely to an accredited school. • Police protect all children whether they are going to public or private school.

15. BOARD OF EDUCATION v. ALLENSUPREME COURT OF THE UNITED STATES392 U.S. 236 1968 • Summary p. 187 • New York's Education Law requires local public school authorities to lend textbooks free of charge to all students in grades seven to 12, including those in private schools. • This was challenged to be in violation of the 1st Amendment because it uses public funds to pay for the education of students in a religious setting

16. What do you think? Is purchasing and lending textbooks to a religious school a violation of the establishment clause of the 1st Amendment? • On your clicker A for Yes B for No

17. Finding • This is not a violation of the 1st Amendment because religious schools also teach secular content. To this end, all children are being afforded the same opportunity. • No proof the books were used to teach religion • Financial benefit is to parents and not schools

18. LEMON v. KURTZMANSUPREME COURT OF THE UNITED STATES403 U.S. 602 1971 • Summary p. 190 • Rhode Island and Pennsylvania both had laws which provided funding directly to nonpublic schools for the purpose of educating students in secular curriculum • The two states did have different programs and stipulations to provide the funds

19. Rhode Island provided a 15% salary supplement to teachers of secular content. However, the teachers are only able to teach classes taught in the public schools using public school materials. • Pennsylvania law provided for teacher salaries, textbooks, and other materials to teach secular subjects such as foreign languages, math, and science. No money was to be used to ANY religious courses

20. What do you think? Is direct monetary payment to nonpublic schools for the teaching of secular content a violation of the establishment clause of the 1st Amendment? • On your clicker A for Yes B for No

21. Finding • This is a violation of the 1st Amendment because payment to nonpublic schools provides for the advancement of the mission of the school • The oversight necessary to provide payment “entangled” government in religious affairs • Basis for “Lemon Test”

22. Lemon Test • Used to determine if a law violates the Establishment Clause • 1. The statute must have a secular legislative purpose. 2. Its principal or primary effect must be one that neither advances nor inhibits religion.3. The statute must not foster an excessive government entanglement with religion. From Lemmon v. Kurtzman

23. Vouchers • A coupon that is worth a certain amount of money to send a student to a school of the parents choosing. • Schools then redeem the value of the voucher from states or school districts • Vouchers for school have been around for a long time. France in 1793. • They have been controversial

24. ZELMAN v. SIMMONS-HARRISSUPREME COURT OF THE UNITED STATES536 U.S. 639 2002 • Summary p. 221 • The state of Ohio implemented a pilot program in Cleveland that provided two forms of assistance. • 1st) Tuition was provided to parents that choose to send their children to a public or private school of their choosing. (Religious schools included.) • 2nd) Provided tutoring aid to students that choose to stay in the public school

25. What do you think? Is providing tuition assistance to parents that choose to send their children to a nonpublic (possibly religious) school a violation of the establishment clause of the 1st Amendment? • On your clicker A for Yes B for No

26. Finding • This is not a violation of the 1st Amendment because it is a matter of “pure public choice.” The government has no “preference” on where the parents choose to send their children. • The program was made to help families in need of financial assistance get their children into good schools.

27. Quick Cases • Can taxpayers deduct tuition to schools from their state income taxes? • Yes – Mueller v. Allen

28. Quick Cases • Can districts provide special education services to students in parochial schools? • Yes – Zobrest v. Catalina School District

29. Quick Cases • Can students be released for religious instruction on public school grounds? • No – McCollum v. Board of Education

30. Quick Cases • Can students be released from public schools for off campus religious instruction? • Yes – Zorach v. Clauson

31. Quick Cases • Can states enforce Bible reading and prayer in public schools? • No – Abington Township v. Schempp

32. Quick Cases • Can states require posting of the Ten Commandments in public school classrooms? • No – Stone v. Graham

33. Quick Cases • Can schools include prayer at graduation? • No – Lee v. Weisman

34. Quick Cases • Can student’s initiate pray at a public school functions? • No – Santa Fe School District v. Doe

35. Quick Cases • Can schools require all students to participate in flag salute? • No – West Virginia Board of Ed. v. Barnette

36. South Dakota Constitution • Article VI, § 3. Freedom of religion--Support of religion prohibited. The right to worship God according to the dictates of conscience shall never be infringed. No person shall be denied any civil or political right, privilege or position on account of his religious opinions; but the liberty of conscience hereby secured shall not be so construed as to excuse licentiousness, the invasion of the rights of others, or justify practices inconsistent with the peace or safety of the state.

37. South Dakota Constitution • Article VI, § 3. (Continued) No person shall be compelled to attend or support any ministry or place of worship against his consent nor shall any preference be given by law to any religious establishment or mode of worship. No money or property of the state shall be given or appropriated for the benefit of any sectarian or religious society or institution.

38. South Dakota Constitution • Article VIII, § 20. Loan of nonsectarian textbooks to all school children. Notwithstanding the provisions of section 3, Article VI and section 16, Article VIII, the Legislature may authorize the loaning of nonsectarian textbooks to all children of school age.

39. South Dakota Codified Laws • 13-27-1.1.   Religious exemption after eighth grade. A child of compulsory school age who has successfully completed the first eight grades is excused from compulsory school attendance under § 13-27-1 if:

40. South Dakota Codified Laws • 13-27-1.1. Continued • (1) The child or the parents of the child are members of a recognized church or religious denomination that objects to the regular public high school education; and • (2) The recognized church or religious denomination either individually or in cooperation with another recognized church or religious denomination provides a regularly supervised program of instruction in which each child participates in learning activities appropriate to the adult occupation that the child is likely to assume in later years.

41. South Dakota Codified Laws • 13-29-1.2.   Transportation for nonpublic school students--Conditions. School districts may provide transportation to nonpublic school students if no additional public funds are expended to provide the transportation. No school district, however, is required under this section to provide transportation to nonpublic school students. This section does not affect the transportation of any eligible student pursuant to an individualized education plan.

42. South Dakota Codified Laws • 13-33-9.   Sectarian doctrine prohibited in public schools. No sectarian doctrine may be taught or inculcated in any of the public schools of the state.

43. South Dakota Codified Laws • 13-33-10.   Released time for religious instruction. A child may, on application of his parent or guardian, be excused from school for one hour per week for the purpose of taking and receiving religious instruction conducted by some church or association of churches. The school board shall decide at what hour pupils may be excused. No such instruction may be given in whole or in part at public expense. The school board may allow the student to accumulate up to four hours of excused leave time to be taken consecutively on any one day or two hours to be taken on any two days.

44. South Dakota Codified Laws • 13-34-16.3.   Public school boards to loan books to public or nonpublic school students, or persons not in school--Board approval of books. To implement § 13-34-16.2, each public school board shall loan without charge to all persons ages five through nineteen who are either enrolled in a public school, or in a school supervised in accord with chapter 13-4, or who are engaged in a course of instruction pursuant to § 13-27-3, within the school district under such board's jurisdiction, or who are residing in such district but are not enrolled in any such school or engaged in any such course of instruction, such nonsectarian textbooks and text-related workbooks designed for individual use as are normally furnished by such school board to individual students enrolled in the public schools of the district under such board's jurisdiction. All such textbooks and text-related workbooks shall be approved by the respective school boards.

45. God Bless us Everyone!