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Reynolds v United States

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1879; U.S. Supreme Court invoked Thomas Jefferson's view that there should be a wall of separation between church and state

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Cantwell v Connecticut

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Precendent; 14th Amendment made the 1st Amendment applicable to state action; providing the same constitutional guarantees to citizens against state infringement of their religious rights by prohibiting the establishment of religious practices in public schools

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establishment clause

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prohibits the state from passing laws that aid a religion or show preferences for one religion over another

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free exercise clause

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prohibits the state from interfering with individual religious freedoms

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Public schools as state agencies

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must maintain a neutral position in their daily operations regarding religious matters; state can neither aid nor inhibit religion

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Everson case

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Neither state or Federal Government can not set up a church; cannot pass laws that aid one religion, aid all religions, or prefer one religion over another; cannot force or influence a person to go to or remain away from church against their will or force him to profess a belief or disbelief;

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Engle Case (Supreme Court Case)

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bans prayer in public schools; prayer was religious in nature and violated the establishment clause of the First Amendment (school sponsored non-denominational, voluntary prayer, recited)

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Jones v Clear Creek Independent School District

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Fifth Circuit Court held that (voluntary) non-sponsored, student-initiated prayer at graduation ceremonies did not offend the First Amendment prohibition regarding separation of church and state; exercise of students' First Amendment right to freedom of speech

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No Child Left Behind Act

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district is required to certify in writing to their state agencies that no local district policy prevents or denies participation in constitutionally protected prayer in their public schools. (condition of NCLB funding)

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Schempp Case

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Bible-reading practices are unconstitutional and found to be advancement of religion and a clear violation of the separation of church and state; use of Bible for historical, literary, ethical, or philosophical document is permissible if a secular purpose is clearly served

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Primary Effect Test

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used to determine the impact of the statute and practice relating to each case; raises the question of whether the primary purpose of the law or practice has the effect of advancing or inhibiting religion and creating excessive entanglement between church and state; violation of First Amendment

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Santa Fe case

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U.S. Supreme Court ruling does not prevent students from discussing religion in public school or praying publicly, as long as such activities are voluntary; allows student athletes to voluntarily engage in prayer at an athletic event as long as school officials remain completely neutral

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Establishment clause of the First Amendment

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does not prohibit student initiated private prayer; students have the right to pray voluntarily any time and any place as long as it is private, strictly voluntary and does not infringe on the rights of others.

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Institutionally sponsored public prayer

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violation of the establishment clause of the First Amendment;

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Athletic Contests

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any type of school sponsored prayer at athletic contest is a violation under the establishment clause of the First Amendment

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School Sponsored prayer

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illegal and cannot be justified based on First Amendment prohibitions

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School-sponsored Bible reading in public school

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an illegal activity; Bible may be used as an instructional document to meet a secular purpose

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silent meditation or any other type of devotional activity sanctioned by schools

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will not be supported by the courts

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Invocations at school sponsored athletic activities

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violate the establishment clause of the First Amendment

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Private voluntary prayer by a student

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is permissible under the free exercise clause of the first amendment

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Engle v Vitale

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U.S. Supreme Court banned prayer in any form in all school activities across the nation, based on a violation of the establishment clause of the First Amendment

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Lemon Test

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three part establishment clause test: a state practice that is challenged as unconstitutional must meet the criteria that it has a secular purpose, that its practice neither advances nor prohibits religion, and that it does not foster excessive entanglement between the state and religion

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Free speech right of students in religious matters

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editorial control over murals because they were school-sponsored speech that could be considered part of the curriculum

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Prayer at School Board Meetings

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violates the establishment clause, creates excessive entanglement, and cannot be justified on the basis that such meetings are similar to legislative sessions rather than school events (Sixth Circuit Court)

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Voluntary student-led prayer

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likely pass court scrutiny when it is initiated solely by students without involvement of school personnel

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child benefit theory

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public aid directly benefits the child rather than the parochial school; valid if parochial children are the primary beneficiaries of a public supported service provided for all children; if aid serves to benefit primarily parochial schools, it will be deemed impermissible and a violation of the 1st Amendment

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Parochial School tuition

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tuition reimbursement is deemed unconstitutional

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Public Schools and religious exhibits or other visual materials

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may not display, but can acknowledge and explain the various holidays of all cultural and religious groups as a unit in cultural heritage as long as a secular purpose is served

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Ten Commandments

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U.S Supreme Court held that posting of the Ten Commandments in a public school setting is unconstitutional

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Equal Access Act of 1984

answer

under federal statute, it is unlawful for any public secondary school that receives federal financial assistance that has created a "limited open forum" to deny access to student-initiated groups on the basis of religion, political, or philosophical content to their speech. A limited open forum exists when an administrator allows one or more non-curricula-related student groups to meet on school premises during non-instructional time

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Student clubs and religious clubs

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allow both to meet on school premises; same privileges; especially where there are ideological differences between the administration and the student groups

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limited open forum

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school grants an offering to or opportunity for one or more noncurriculum related student groups to meet on school premises during noninstructional time; before or after school

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closed forum

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no clubs are allowed to use school facilities during noninstructional hours

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religious services

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held on a regular basis would violate the establishment clause

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US court of Appeals for the Eleventh Circuit

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editorial control of mural because it was school-sponsored speech that could be considered part of the curriculum; not censorship

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Free dress

answer

not punished for beliefs

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Sixth Circuit Court

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prayer at school board meetings is potentially coercive to students in attendance; endorses a religion

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Student initiated prayer

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probably permissible at school events when not endorsed by school officials

question

voluntary student led prayer

answer

likely pass court scrutiny when it is initiated solely by students without involvement of school personnel

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Prayer at school board meetings

answer

violates the establishment clause, creates excessive entanglement, and cannot be justified on the basis that such meetings are similar to legislative sessions rather than school events

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Religious holidays

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First Amendment prohibits states from either aiding religion or showing preference for one religion or another; no worship or devotional services nor religious pageants or plays of any nature should be held in any school. Certain programs allowed if a secular purpose is clearly served

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Bible Teaching

answer

must be taught objectively and in a strict secular manner

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When teaching the Bible, teachers

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should not create a devotional (religious) atmosphere when teaching the Bible

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Teachers assigned to teach the Bible

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must be properly instructed on how and what to teach

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Kitzler v Dover

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teaching intelligent design is unconstitutional because it carries religious connotations

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Epperson

answer

prevented lawmakers from banning the teaching of evolution in public schools since it is a science rather than a secular religion; biological evolution is a fact; discretion of the school board to include evolution

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school sponsored holiday programs

answer

permitted if they are not conducted in a religious atmosphere

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release time for religious instruction

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allowed if evidence reveals that no public school resources were used; violates the establishment clause if public school resources are used

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Student may pass out religious pamphlets

answer

if the distribution does not interfere with normal school activities or create material or substantial disruption

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School authorities must respect the free exercise rights of students

answer

unless the exercise of those rights violates the rights of others or disrupts the educational process

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Pledge of Allegiance

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students may not be compelled to recite based on their right to freedom of expression

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Wearing religious garb by teachers

answer

may b disallowed if their dress creates a reverent atmosphere

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religious rights of teachers

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must be respected, as long as they do not violate the establishment clause of the First Amendment by creating excessive entanglement in the school

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School officials must make reasonable accommodations for teachers

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regarding observance of special religious holidays, as long as such accommodations are not deemed excessive or disruptive to the educational process

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Teachers should not be coerced

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to participate in nonacademic ceremonies or activities that violate their educational beliefs or convictions

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Teachers may be requested to present documentable evidence

answer

that a religious belief or right is violated

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No form of religious discrimination

answer

may be used to influence decisions regarding employment, promotion, salary increments, transfers, demotions, or dismissals

Ch 2: Religion and Public Schools – Flashcards

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