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Separation of Church and State
Wallace v. Jaffree, 472 U.S. 38 (1985)
Facts
ā€¢ The Alabama legislature changed the 1978 statute allowing a moment of
silence, which was for the purpose of meditation.
ā€¢ The amendment in 1981 changed the wording to say mediation or prayer.
ā€¢ According to "First Amendment Center" (n.d.),ā€œThe sponsor of the
legislation went on record as stating that the sole purpose of this change
was to bring prayer back into schoolsā€ (Facts).
ā€¢ The Jaffree family then took the school to court to when their children
were being made fun of for not participating in prayer. Further the
complaint stated that the children were being subjected to religious
indoctrination by the teachers having the class say the prayers
altogether each morning.
Issue
ā€¢ The issue at hand was to determine if there was a violation of the
Establishment Clause.
ā€¢ Basically, whether or not the new law allowing a moment of
silence was in fact unconstitutional, since the purpose was more
for prayer than mediation.
What Educators Did
ā€¢ In this particular case some of the teachers actually lead students
in a specified prayer that was to be done in unison.
ā€¢ According to "Findlaw For Legal Professionals" (2016), ā€œtwo other
Alabama statutes ā€“ one of which, enacted in 1982 as a sequel to
16-1-20.1, authorized teachers to lead ā€˜willing studentsā€™ in a
prescribed prayer.ā€ (para. 4).
The Outcome
ā€¢ The courts held that the new law of ā€œmeditation or voluntary
prayerā€ was in fact unconstitutional since the main reason was for
the promotion of prayer.
ā€¢ According to "First Amendment Center" (n.d.),ā€œThe addition of ā€˜or
voluntary prayerā€™ indicates that the State intended to characterize
prayer as a favored practice. Such an endorsement is not
consistent with the establishment principle that the government
must pursue a course of complete neutrality toward religionā€
(Majority)
Valuing Religious Diversity
ā€¢ Educators can balance the concept of separation of church and state by
not forcing or favoring one particular religion.
ā€¢ By staying with a ā€œmoment of silenceā€ for true mediation or
contemplating gives each student the opportunity to use that time for
their own purpose. Whether it be to be still and quiet or to pray silently
to themselves.
ā€¢ Educators can also show value to the religious diversity in their school
and classroom by allowing children to study various religions in history.
They can also allowing children of different religions to share what they
know in the context of the history lesson. This gives each student a
feeling of purpose and belonging in the classroom.
My Reactions
ā€¢ For me I believe that the ruling was accurate. To try to force someone
to participate in a prayer that is against what they believe in is truly
wrong.
ā€¢ The First Amendment does say we have freedom of speech however that
freedom should not come at the cost to others personal rights.
ā€¢ As an educator I believe I would have upheld the original 1978 statute
that called for just a moment of silence. I would not have made
students recite a prayer.
ā€¢ Further to assure diversity freedoms in the class I also would not have
allowed other students to try to force the prayer on any other students
who choose not to participate.
References:
ā€¢ FindLaw for Legal Professionals. (2016). Retrieved from
http://caselaw.findlaw.com/us-supreme-court/472/38.html
ā€¢ First Amendment Center. (n.d.). Retrieved from
http://www.firstamendmentschools.org/freedoms/case.aspx?id=4
94

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Separation of Church and State

  • 1. Separation of Church and State Wallace v. Jaffree, 472 U.S. 38 (1985)
  • 2. Facts ā€¢ The Alabama legislature changed the 1978 statute allowing a moment of silence, which was for the purpose of meditation. ā€¢ The amendment in 1981 changed the wording to say mediation or prayer. ā€¢ According to "First Amendment Center" (n.d.),ā€œThe sponsor of the legislation went on record as stating that the sole purpose of this change was to bring prayer back into schoolsā€ (Facts). ā€¢ The Jaffree family then took the school to court to when their children were being made fun of for not participating in prayer. Further the complaint stated that the children were being subjected to religious indoctrination by the teachers having the class say the prayers altogether each morning.
  • 3. Issue ā€¢ The issue at hand was to determine if there was a violation of the Establishment Clause. ā€¢ Basically, whether or not the new law allowing a moment of silence was in fact unconstitutional, since the purpose was more for prayer than mediation.
  • 4. What Educators Did ā€¢ In this particular case some of the teachers actually lead students in a specified prayer that was to be done in unison. ā€¢ According to "Findlaw For Legal Professionals" (2016), ā€œtwo other Alabama statutes ā€“ one of which, enacted in 1982 as a sequel to 16-1-20.1, authorized teachers to lead ā€˜willing studentsā€™ in a prescribed prayer.ā€ (para. 4).
  • 5. The Outcome ā€¢ The courts held that the new law of ā€œmeditation or voluntary prayerā€ was in fact unconstitutional since the main reason was for the promotion of prayer. ā€¢ According to "First Amendment Center" (n.d.),ā€œThe addition of ā€˜or voluntary prayerā€™ indicates that the State intended to characterize prayer as a favored practice. Such an endorsement is not consistent with the establishment principle that the government must pursue a course of complete neutrality toward religionā€ (Majority)
  • 6. Valuing Religious Diversity ā€¢ Educators can balance the concept of separation of church and state by not forcing or favoring one particular religion. ā€¢ By staying with a ā€œmoment of silenceā€ for true mediation or contemplating gives each student the opportunity to use that time for their own purpose. Whether it be to be still and quiet or to pray silently to themselves. ā€¢ Educators can also show value to the religious diversity in their school and classroom by allowing children to study various religions in history. They can also allowing children of different religions to share what they know in the context of the history lesson. This gives each student a feeling of purpose and belonging in the classroom.
  • 7. My Reactions ā€¢ For me I believe that the ruling was accurate. To try to force someone to participate in a prayer that is against what they believe in is truly wrong. ā€¢ The First Amendment does say we have freedom of speech however that freedom should not come at the cost to others personal rights. ā€¢ As an educator I believe I would have upheld the original 1978 statute that called for just a moment of silence. I would not have made students recite a prayer. ā€¢ Further to assure diversity freedoms in the class I also would not have allowed other students to try to force the prayer on any other students who choose not to participate.
  • 8. References: ā€¢ FindLaw for Legal Professionals. (2016). Retrieved from http://caselaw.findlaw.com/us-supreme-court/472/38.html ā€¢ First Amendment Center. (n.d.). Retrieved from http://www.firstamendmentschools.org/freedoms/case.aspx?id=4 94