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RELIGION IN PUBLIC SCHOOLS.

Constitutional issues (church-state separation, religious freedom), court decisions on school prayer, vouchers, state laws.

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RELIGION IN THE PUBLIC SCHOOLS
This research paper discusses separation of church and state and other issues relating to religion in the public schools in the United States. A number of factors determine the ground rules for the handling of such issues by teachers and school administrators --school policies, state and federal legislation and rulings by state and federal courts. The ultimate arbiter is the United States Supreme Court the decisions of which have been clear in some areas, such as school prayer and less clear in others, such as the permissible limits of public aid to religious institutions and school dress codes.
Basic Constitutional Framework
The First Amendment of the United States Constitution provides: "Congress shall make no law respecting an establishment

District Board, 44N.W. 967 (Wis. 27). Cayer (Eds.). (i)whether the law or policy at issue has primarily a secular purpose; (ii) inits effect neither advances or inhibits religion; and (iii) does not fosteran excessive government entanglement with religion. Vitale, 37 U.S. Public reaction to recentincidents such as the Oklahoma City bombing by fanatics, some of whom claimto represent religious cults, has strengthened public reaction againstallowing too wide a sway for such movements. Religious Freedom Restoration Act of 1993, 42 U.S.C. 664(197 ) as was the appropriation of public funds to reimburse non-publicschools for state-mandated objective testing (Committee for PublicEducation v. Weiss v. Seeger, 38 U.S. 4 9). (1995). Justice Sandra DayO'Connor recently formulated a modification of the Lemon test, "whether areasonable observer would perceive the challenged government action as anendorsement of religion" (Choper, 1995, p. Religion in the classroom. 39 (198 ), theCourt ruled that the compulsory posting on bulletin boards in the publicschools of the Ten Commandments violated the establishment clause. Barnette, 319 U.S. App. 2 3 (1948).----------------------- 1 Aguillard, 1 7 S.Ct. 6 2 (1971) -i.e. 4j, 3 1 Or. Defender of the faith. App. They say that "the pattern of decisions thus far raises considerabledoubt of the extent to which the free exercise clause can be used to blockthe regulation in the public interest of harmful behavior or movements"(Cochran, Mayer, Carr & Cayer, 1996, p. Religious right enthusiasts such asMark Corriden argue in his article Defender of the Faith that "religiousstudents' free speech [and their right to free exercise of their religion]are regularly violated in the public schools" (1994, p. Public school voucherprograms take many forms, some of which allow parents to choose only amongcertain types of public schools and others any school, public or private.Parents of parochial school children argue that school voucher programs areconstitutional because otherwise the courts would not be neutral. App. William &Mary Bill of Rights Journal, 4, pp. For example,in Zobrest v. Theyclaim that they would be penalized and discriminated against by firsthaving to pay taxes to support the public schools and second by beingdenied the right to access to public vouchers.The law in this area is far from settled. 597-598). The free exercise clause was designed to protect citizens againstgovernment interference with religious practices. Cochran, C.E., L. Theultimate arbiter is the United States Supreme Court the decisions of whichhave been clear in some areas, such as school prayer and less clear inothers, such as the permissible limits of public aid to religiousinstitutions and school dress codes. United States Constitution, Amendment 1. Carr & N. Board of Education, 333 U.S. Yoder, 4 6 U.S. Jafree, 472 U.S. 4j, 3 1 Or. According toCochran, Mayer, Carr & Cayer, "if the primary effect of the aid is tobenefit the pupil in the attainment of a secular education, a spillovereffect of some benefit to a religious institution does not in itself rulethat legislation unconstitutional" (1995, p. Thefirst case holding otherwise was State ex rel. 2 3 (1948) upheld the constitutionality of schoolrelease times to permit students on a non-discriminatory basis to attendoff-campus religious instruction or to attend services and in Widmark v.Vincent, 454 U.S. Tribesays that the net result of these cases is that "prayer as an establishedpart of the official school day is always forbidden" (1988, p. In the Everson case supra., the Court upheldpublic reimbursement to parents for the costs of busing their children toreligious schools. 2 5 (1972), theCourt held that Amish students could not be required to attend publicschools after the 8th grade. 86. sec. The First Amendment establishmentclause relates to preventing the government from supporting or aidingreligion. Conclusion Religious issues are a major preoccupation in the public schools. Martin's Press. 97 (1968). Mineola, NY:Foundation Press). Epperson v. Constitutional Law Journal,6, pp. 333 (189 ) was that religion involved a belief ina Supreme Being. Seeger, 38 U.S. Schnepp, 374 U.S. The Court has made it clearthat its bedrock principle is that "government may not demonstrate apreference for a particular faith" (Choper, 1995, p. Richards, 38 Me. (1984). West Virginia Bd. McCollum v. Natal & Strossen. Tax Commission, 397 U.S. 263 (1981). (1994, December). Under the Tenth Amendment, educational policy is primarily theresponsibility of the states, but the Supreme Court has held that the aboveconstitutional guarantees apply to the states through the due processclause of the Fourteenth Amendment. 2462(1993). Wisconsin v. Board of Education, 333 U.S. Arkansas, 393 U.S. (1995, Winter). 2 3 (1963). Securing religious liberty. Pat Robertson,for example, quoted John Adams for the proposition that "our Constitution[is made] only for a moral and a religious people" and decried "thejudicial distortions which have forbidden little children to pray or readthe Bible in the public schools" (1991, pp. 2573 (1987). H. P., Jr. Widmark v. Everson v. Kurtzman, 4 3 U.S. American constitutional law. Basic Constitutional Framework The First Amendment of the United States Constitution provides:"Congress shall make no law respecting an establishment of religion, orprohibiting the free exercise thereof" (U.S. Bacon, 133 U.S. Wallace v. Equal Access Act, 2 U.S.C. Regan, 444 U.S. Kurtzman, 4 3 U.S. 624 (1943). 163 (1965). J. 421, 425, in which the Court said: "it is no part of the businessof government to compose official prayers for any group of the Americanpeople to recite as a part of a religious program carried on by government"and Wallace v. rel. The school prayerdecisions have been controversial and have been opposed by significantelements of the population, especially the religious right. District Board, 44 N.W. v. 646 (198 ). Various polls byGallup and others have showed that there is widespread non-compliance withthe Court's school prayer decisions, especially in the South (Cochran,Mayer, Carr & Cayer, 1996, p. The leading 2 th century cases are Engel v. 39 (198 ). (1988). 355, 783 P.2d 298 (1986), theappeal of which was denied by the Supreme Court, the Oregon Supreme Courtupheld the constitutionality of a state statute which prescribed thewearing of religious dress by teachers in the public schools. 6 7-638. (1995, Winter). Lemon v. Catalina Foothills School District, 113B S.Ct. 38 (1985). of Educ. RELIGION IN THE PUBLIC SCHOOLS This research paper discusses separation of church and state andother issues relating to religion in the public schools in the UnitedStates. In arecent decision, Lee v. Congress by passing the Religious Restoration Act of 1994, sec.2(a)(3) of which provides that "governments should not substantially burdenreligious exercise without compelling justification" challenges theprevailing trend in Supreme Court decisions which basically hold thatindividuals are not entitled to constitutionally based free exerciseexemptions in order to avoid the civil consequences of their illegal acts"(Frozzuto, 1994, p. 189 ). Outer Limits of the Establishment Clause. The doctrine of neutrality evolved. Among the issues in free exercise cases are what constitutes areligion and the exercise thereof. Thomas v. . 577 (1992), struck down a non-sectarian prayer offered at a public school graduation ceremony given by aJewish rabbi. Davis v. Vitale,37 U.S. In Thomas v.Alleghany County Board of Education, 51 Md. Vincent, 454 U.S. 379 (1854). 38 (1985), in which the Court struck downstate statutes under which time was set aside in the public schools formeditation or silent prayer. requires all groups, including religious sects, to have equalaccess to public school facilities. Robertson, M. 3 3 (1948). 97(1968) and in Edwards v. Weisman, 5 5 U.S. sec. 2 LL(1993). 189 ). Yoder, 4 6 U.S. Choper, J. Alleghany County Board of Education, 51 Md. Graham, 449 U.S. v. 312, 443 A.2d 622 (Ct.Spec. Graham, 449 U.S. 716). Cooper v. A number of factors determine the ground rules for the handling ofsuch issues by teachers and school administrators --school policies, stateand federal legislation and rulings by state and federal courts. 2573 (1987), it struck downstate statutes requiring equal time for teaching evolution and anti-evolution doctrines on the theory that "where religion is concerned, thepublic schools may and should educate but they may not indoctrinate.Schools should teach, not preach" (Natal & Strossen, 1995, p. 412 and 423). The Court has used theneutrality doctrine recently to retreat from its early decisions whichseemed to require total secularization of the public schools. Regan, 444 U.S. Zorach v. 1982). 424). Weisman, 5 5 U.S. As Cochran, Mayer, Carr & Cayer point out, the interpretation ofeither of these clauses, if expanded "to its logical extreme, it may . 967 (Wis. 1, 16 (1947). Tax exemption to all educational and non-profit institutions was upheld in Walz v. Mayer, T. Aguillard, 1 7 S.Ct. 6 2 (1971). E. 618). Zobrest v. American BarAssociation Journal, p. This followed Abington School District v.Schnepp, 374 U.S. The Court has tread more warily in other establishment clause areas.It banned in McCollum v. Thestandard used by the Court in such cases until recently was the threepronged-test set forth in Lemon v. 312, 443A.2d 622 (Ct. (1994, Spring). 4 21 et seq. New York: St. H. The strict view taken by the Supreme Court in the school prayer casesis based on the belief that there should be "a wall of separation betweenChurch and State," a view attributed originally to Thomas Jefferson(Everson v. Public school funding whichbenefits religious schools is more likely to pass muster when it isindirect. Spec. 414). of Educ. 1169). In the more secularized modern society, the Court inUnited States v. .violate a conception of the other clause" (1996, p. Walz v. State ex. (1996).American public policy. Lee v. 86). Engel v. Clauson, 333 U.S. Edwards v. Constitution, 1787, Amendment1). Thepermissible parameters of school policies to sponsor or aid religiousstudents and schools or to limit them areclear in some areas and confused in some others. Arkansas, 393 U.S. Frozzuto, E. Board of Education, 37 U.S. Stone v. The Court said at 638 that "thevery purpose of a Bill of Rights was to withdraw certain subjects from thevicissitudes of political controversy, to place them beyond the reach ofmajorities and officials." In Wisconsin v. 1 (1947). 1982), the Maryland courts upheld the exclusion of parochialschool students from a school band. The traditional view of the Court inDavis v. 163 (1965) acknowledged that a bona fidebelief that "occupies a place in the life of its possessors parallel tothat filled by the orthodox belief in God" is sufficient (Choper, 1995, p.166). Tribe, L. Richards, 38 Me. A current issue on which the Court has not yet ruled is whetherschool voucher systems under which public funds would be made available toallow parents to send their children to schools of their choice. Jaffree, 472 U.S. R. 14). The practices of religious minorities presents problems daily in thepublic schools as well as elsewhere in society. The two clauses are inter-related. 713-762. Clauson, 333 U.S. 355, 783 P.2d 298(1986). 2462 (1993),the Court validated as constitutional the provision by a school district ofthe services of a sign language interpreter to a hearing impairedinstructor as a Catholic school. G. 3 3 (1948 school-sponsored release time for prayer on public school premises) but in Zorachv. How much God in the schools?William and Mary Bill of Rights Journal, 4, pp. 333 (189 ). Board of Education, 37 U.S. 664 (197 ). Committee forPublic Education v. References Abington School District v. Tax Commission, 397 U.S. Bacon, 133 U.S. In Epperson v. There are some signs that the Supreme Court is moving in thedirection of a more restrictive interpretation of the free exercise clause.Cochran, Mayer, Carr & Cayer say that "the clause does not protect somepractices performed in the name of religion, especially those that would beotherwise illegal or would violate strongly held moral imperatives" (1996,413). 646 (198 ). 2 5 (1972). United States v. Barnette, 319 U.S. Donahoe v. 421 (1962). 2 3 (1963) which struck down a state statute and publicschool policies requiring the reading of the Bible or the reciting of theLord's Prayer in classrooms. 577 (1992). In Stone v. 595-6 6. Corriden, M. Eugene School District, No. 379 (1854). 263 (1981) held that a state college must allow religiousgroups to use its facilities. Free Exercise Clause In West Virginia Bd. Chicago: Universityof Chicago Press. 624 (1943), theCourt held that Jehovah's Witnesses could not be required to take thepledge of allegiance to the American flag. App. Catalina Foothills School District, 113B S.Ct. the 1984 Equal Access Act, 2 U.S.C., sec.4 21 et seq. In Cooper v.Eugene School District, No. School Prayer Decisions Early (19th century) case law upheld the practice of compulsory Biblereading in the public schools, Donahoe v. Weiss v. The Court has straddled the issue as to how far government can go insubsidizing parochial schools. An endorsement for the test ofgeneral applicability: Smith II, Justice Scalia and the conflict betweenneutral laws and the free exercise of religion.

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