Religion and School Flashcards
Is “separation of church and state” found in the constitution?
No. It refers to the Establishment Clause and the Free Exercise Clause found in the First Amendment.
The First Amendment of the U.S. Constitution states in part that Congress shall make no law respecting what two aspects?
- ) Establishment Clause - forbids an establishment of religion by the government (prohibits use of public funds to support religion - 90% of the time, EC will prevail and win.)
- ) Free Exercise Clause - guarantees religious freedom (freedom to practice one’s religion, as such, prohibits religious indoctrination - 10% of the time, FEC will prevail and win.)
What do the Establishment Clause (EC) and the Free Exercise Clause (FEC) protect?
They protect an individual’s religious liberty or freedom.
There is an inherent conflict between EC and FEC however…..
FEC does not supersede the EC’s Limitations.
Religious Freedom Restoration Act of 1993 (RFRA)
This is in response to the inherent conflict. Congress passed the RFRA to make it more difficult for state/local governments and courts to limit an individual’s free exercise of religion. However, RFRA is unconstitutional because it emphasizes the FEC and undermines the EC. (court’s rational: Congress cannot change the Constitution merely by passing a statute by attempting to tell courts how to decide cases.)
School District of Abington Township v. Schempp (1963) (Abby)
State statute that Bible verses read in class daily and Lord’s prayer.
Rule: statute is unconstitutional and violated the EC
Analysis: 1.) The EC protects freedom to practice any belief or disbelief and not be coerced or pressured into doing so.
2.) Captive audience - compulsory education
(In CA - bible may be discussed as literature or history only.)
Engel v. Vitale (1962) (Engel = Angel)
NY state law mandated that every student recite the following: “Almighty God…we beg….)
Ruling: State statute is unconstitutional and violates the EC.
Lemon v. Kurtzman (1971) (Lemon = Lemon Test)
Huge Case. Important.
-State program to reimburse all religious private schools’ books, materials and salaries to teach non-religious subjects.
Ruling: Excessive religion entanglement and unconstitutional
Misc. Result: legislatures required to furnish free textbooks to public schools but not to non-public schools.
What are the three prongs to the Lemon Test?
- ) Does the action have a secular purpose?
- ) Does the action avoid advancing or impeding religion?
- ) Does the action avoid excessive religion entanglement?
- any government action that fails any part of the Lemon Test is unconstitutional. (No to any answer.)
Lee v. Weisman (1992) (Wiseman)
Principal invited clergy to deliver invocation at H.S. graduation.
Rule: prayers are unconstitutional and violate EC.
Analysis: Inherent conflict (FEC does not supersede the EC limitations.)
Captive audience
Unfair - major loss if student missed it due to prayer
Endorsement of Religion
Fails all 3 prongs in the Lemon Test
Edwards v. Aguillard (1987) (Edwards begins with E)
Louisiana law prohibited the teaching of the Evolution theory unless also taught creation theory.
Rule - Unconstitutional - fails all three prongs of Lemon Test
Equal Access Act of 1984
- ensures First Amendment/ use of facilities
- unlawful for a public secondary school that receives federal funds and has a “limited open forum” (non-curricular groups have meetings - chess club, stamp club) to exclude a group on the basis of religion, political or philosophical content of speech at their on campus meetings.
Limited Open Forum
A limited open forum is created when one or more non-curricular student groups (chess club, stamp club, community service club) are allowed to meet on school premises during non-instruction time and NOT created when the clubs are curriculum oriented only (French club, student government or band) - note that this law is restricted to students and to the type of club (curriculum or not)
Opt Out
A school can opt out of the Equal Access At by not allowing any non-curriculum club to meet on campus.
Must public schools allow religious clubs to meet on the basis as other non-curriculum related activities?
Yes. It is the law.
The Equal Access Act is designed to ensure what?
It is designed to ensure that, consistent with the 1st Amendment, student religious activities are accorded the same access to school facilities as are student secular activities during non-instructional time.
Can a lawsuit result in violation of the Equal Access Act?
Yes, in religious discrimination lawsuits; this would be an example of a tort. (civil wrong)
Can a school building or facility be rented/leased for non-public purposes?
Yes. However, in the absence of a statute, a district is not obligated to make a school building available for public activities.
If the facilities are open to one type of group (religious, political, commercial, academic) must be available to all within the group.
-open to one, open to all
In Free Speech Issues and facilities usage, look at the nature of the forum involved.
Open forum - part
Limited open forum - property is accessible to a limited segment of the public or to the public for limited purposes.
Closed Forum - not available to the public (classroom/private property)
