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School Law Power Point

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Group Presentation for School Law, Virginia Tech - Peter Noonan, Marty Smith, Cindy Martin, and Ann McCarty

Group Presentation for School Law, Virginia Tech - Peter Noonan, Marty Smith, Cindy Martin, and Ann McCarty

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Transcript

  • 1. Religion in the Public Schools: Where is the line between Church and State?
  • 2. United States Constitution • Fundamental Law of the Land 1st Amendment – Freedom of Speech, Assembly and Religion 1. Establishment Clause – prohibits government endorsement of religion 2. Free Exercise Clause – protects freedom to practice religion Critical Question - When may you practice religion in public schools?
  • 3. Supreme Court Precedents
    • Court Precedents – “the making of law by a court in recognizing and applying new rules while administering justice.”
            • Black’s Law Dictionary
    • As opposed to statutes (laws) created by the Legislative Branch. The Supreme Court interprets the U.S. Constitution and is the highest court in the land
  • 4. Court Precedents
    • Everson v. Board of Education (1947)
      • Facts: In Everson the Supreme Court upheld a New Jersey statute funding student transportation to schools, whether parochial or not.
      • “ Child benefit” theory was applied and the ruling equated busses to safety infrastructure like fire and police
  • 5. Court Precedents
    • McCollum v. Board of Education (1948)
      • Facts – Group of parents wanted to allow students, grades four through nine, time during the school day for voluntary religious classes taught by a member of the local clergy as well as local lay religious leaders
      • Parent objected because her child was being ridiculed for not participating in the “voluntary” activity
  • 6. Court Precedents
    • McCollum cont…
      • The high Court ruled in favor of McCollum because the majority believed that the public school system and the School Board in particular, were highly involved in supporting classes that support religious instruction - religious instruction cannot happen in school.
  • 7. Court Precedents
    • Zorach v. Clausen (1952)
      • Facts-New York City program which permitted its public schools to release students during the school day so that they may go to religious centers for religious instruction or devotional exercises
      • Supreme Court ruled it unconstitutional for religious instructors to enter public schools and to provide religious instruction – based on McCollum
  • 8. Court Precedents
    • Zorach cont…
      • the Court that held the released time program neither constituted the establishment of religion nor interfered with the free exercise of religion so it was ok – Accommodated religions freedom
  • 9. Court Precedents • Engel v. Vitale (1962) – Required morning prayer Facts: New York state law requiring students cite non-denominational prayer each morning at school. Hyde Park School District required: “Almighty God, we acknowledge our dependence on Thee, and we beg Thy blessings upon us, our parents, our teachers, and country.”
  • 10. Court Precedents
    • Engel v. Vitale cont…
    • Supreme Court:
    • First Amendment guarantees that government cannot control, support, or influence the kinds of prayers citizens can say. Prayer did not serve secular purpose.
  • 11. Court Precedents
    • • Abington Township v. Schemp (1962) - Required Bible Reading
    • Facts:
    • Pennsylvania law required reading ten verses from the Bible. Abington School District required reciting “Lord’s Prayer” each morning.
  • 12. Court Precedents
    • Abington Cont…
    • Supreme Court:
    • Violated neutrality of Establishment Clause, “using machinery of government for the majority to practice its beliefs.”
  • 13. Court Precedents
    • Lemon v. Kurtzman (1971)
      • Facts: Consolodated case - Government was paying teachers in religious schools to teach secular subjects such as math. –
      • Supreme Court established a “Three Pronged Test”
    • 1. Secular purpose
    • 2. Primary effect to advance or inhibit religion
    • 3. Excessively entangles government with religion.
    • If practice fails at least one criteria, violates the First Amendment.
  • 14. Court Precedent Lemon v. Kurtzman Cont… • Court found excessive entanglement since teachers would have to be monitored to make sure they were not teaching religion
  • 15. Court Precedents Stone v. Graham (1980) Ten Commandments Posted Facts: • Kentucky law requiring the “The commandments” be posted in public classrooms.
  • 16. Court Precedents Stone v. Graham cont… Supreme Court: • Utilized “Lemon” Three Prong Test and concluded the posting served no educational purpose and was not secular. Constituted and advancement of religion.
  • 17. Court Precedents Wallace v. Jaffree (1985) Voluntary - Morning Prayer Facts: 1981 Alabama law requiring schools to observe a “period of silence not to exceed one minute in duration…for meditation or voluntary prayer.”
  • 18. Court Precedents
    • Wallace cont… The Court held that Alabama's passage of the prayer and meditation statute was not only a deviation from the state's duty to maintain absolute neutrality toward religion, but was an affirmative endorsement of religion.
  • 19. Court Precedents • Lee v. Weisman (1992) – Graduation Prayer Facts: School sponsored non-sectarian prayer given by clergy at graduation.
  • 20. Court Precedents Lee v. Weisman cont… Supreme Court: “ Coercion Test” – unconstitutional coercion occurs when: 1. Government directs 2. A formal religious exercise 3. In such a way as to obliges the participation of objectors • Ruled the state-sponsored prayer was coerced of participants forced to stand and remain silent.
  • 21. Court Precedents • Santa Fe ISD v. Doe (2000) - Football Game Prayer Facts: Students elected to have an invocation at football games. Purpose was to solemnize event, promote good sportsmanship and safety, and establish an environment for competition.
  • 22. Court Precedents Santa Fe ISD v. Doe cont… Supreme Court: Used Lee v. Weisman Coercion Test .Not “private speech”, done in public forum. Effect of coercing the minority into government endorsed religious activity. Thus it violates Establishment Clause.
  • 23. Court Precedents Elk Grove Unified School District v. Newdow Pledge Facts: In 1954, Congress added the phrase “under God” to the Pledge of Allegiance to distinguish the U.S. from communist countries. Newdow is raising his daughter in California in accordance with his atheistic beliefs. Claims violation of Establishment Clause
  • 24. Court Precedents
    • • Elk Grove Unified School District v. Newdow Pledge cont…
    • Supreme Court:
    • • Fought to keep it out of the courts
    • Resulted in Newdow I, II, and III
    • Ultimately the phase “under God” does not offend the constitution