Religous rights of teachers in school environment - Lecture Notes William Allan Kritsonis, PhD

1. Religious Rights of Teachers
in the School Environment
William Allan Kritsonis, PhD

2. Religious Rights of Teachers in the School Environment
In the United States individuals have a fundamental right to live in a
manner that is free from governmental interference or influence.
Perhaps this belief is no more prevalent than in the arena of education
and religion. History has shown us that these two components of
society have come together like “oil and water.” There have been
advocates on both sides of the spectrum. Those who see the importance
of education and religion coming together and then there are those who
feel that never should the two meet. This is a subject that can be
debated for days; however this paper will focus on the religious rights
of educators in the school environment.

3. Religious Rights of Teachers in the School Environment
An educator must maintain an up to date
knowledge base not only of their content area,
but they must also be well versed in the legal
rules and regulations mandated by the local,
the state and the federal court systems. The
formation of the laws governing educators and
religion come from three primary sources the
First Amendment (Religious Liberty Clause), the
Establishment Clause and the Free Exercise Clause.

4.  The First Amendment
“Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people
peaceably to assemble, and to petition the
Government for a redress of grievances,”
(Walsh 253).
Religious Rights of Teachers in the School Environment

5.  The First Amendment
The First Amendment, which is sometimes referred
to as the Religious Liberty Clause, contains the
Establishment Clause and the Free Exercise
Clause. It also provides the framework for
educators’ religious rights “under the first
amendment student and faculty rights to religious
expression are protected,” (Mills 1).
Religious Rights of Teachers in the School Environment

6.  The Establishment Clause
Congress shall make no law respecting an
establishment of religion, or prohibiting the
free
exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a
redress of grievances,”
Religious Rights of Teachers in the School Environment

7.  The Establishment Clause
The Lemon Test
The Lemon test consists of a series of questions that the courts will use
as a means of resolving issues concerning church and state disputes.
The questions that apply to the Lemon test are as follows (Walsh 254):
1. Does the law, or other government action, have a bona fide
secular or civic purpose?
2. Does the primary effect neither advance nor inhibit religion?
In other words is it neutral?
3. Does the law avoid excessive governmental entanglement
with religion?
Religious Rights of Teachers in the School Environment

8.  The Free Exercise Clause
Congress shall make no law respecting an
establishment of religion, or prohibiting
the free
exercise thereof; or abridging the freedom of
speech,
or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a
Religious Rights of Teachers in the School Environment

9.  The Free Exercise Clause
1. The educator must have a “sincere” religious belief that is being
denied. This does not mean that it has to be logical or an
established religious denomination, but if the participant
genuinely believes in the truths provided under that practice,
the pursuance of said religion cannot be deprived.
2. “Substantial” burden must be evident. This means that the
compliant (educator) is able to provide proof that their religion or
the pursuance of their religion has been compromised by the
school, the school district or the government.
Religious Rights of Teachers in the School Environment

10.  The Free Exercise Clause
3. The state has the right to determine what is in the best interest
of its stakeholders (the school system). Therefore, the ruling on
a religious practice must not conflict with the “compelling state
interest” which is to say that the public’s health and the
school’s safety is not in jeopardy.
4. The educator must have the “least restrictive means” by which
to pursue their religious beliefs.
Religious Rights of Teachers in the School Environment

11. Religious Rights of Teachers in the School Environment
The First Amendment is perhaps an educator’s first line
of defense as it relates to education and religion. It
outlines two clear clauses that serve as the bases for
reinforcing the basic truths that our country was
founded on. The Establishment Clause provides the
criterions that are used by the courts to determine the
validity of a law or practice as it relates religion in the
educational system. The Free Exercise Clause also
emphasizes the importance of separation of church and
state by focusing on the sincerity of a belief.