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Establishment Clause Of The First Amendment
The Establishment Clause of the First Amendment prohibits teachers from expressing their religious
preference while teaching or performing duties as a teacher. However, Title VII requires
accommodations of "all aspect of religious observance..." if it does not produce undue hardship on
the employer. Based on student performance, required ritual times and declining enrollment, the
school district is experiencing hardship, but there are several factors that may constitute a more in–
depth review of what is happening with the teacher and her class. For example, I would recommend
that she complete her rituals before classes start, during lunch and at the end of the school day. This
will provide the required reasonable accommodations for her religious
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Sex Marriage License Does Not Violate The Lemon Test
© Entanglement with religion: A public official allowing the deputy clerk to sign a same–sex
marriage license does not violate the "Lemon Test". However, making adherence to a religion can
prohibit religion. Justice O'Connor concurred, that the Establishment Clause can prohibit in two
principle ways and "One is excessive *688 entanglement with religious institutions, which may
interfere with the independence of the institutions, give the institutions access to government or
governmental powers not fully shared by nonadherent of the religion, and foster the creation of
political constituencies defined along religious lines. E. g., Larkin v. Grendel 's Den, Inc., 459 U. S.
116 (1982)" (Lynch 688). When all things considered, to avoid entanglement between the state and
church, and to affirm a religious right, RFRA claims will require some measures from the
endorsement test. Importantly, when applying RFRA to Byrd's case there was no entanglement
between the state and church; Byrd's refusal to sign same–sex marriage license was not
impermissibly used to influence his religion; neither was he trying to avoid the government
interference with religion. However, for a RFRA claims; it is required some measures from the
endorsement test because of the growing increase of religion into the workplace. Providing that only
the endorsement test will protect the religious rights of any one who is in the political community. 1.
Does a reasonable RFRA accommodation
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The Importance And Cons Of The First Amendment
The Bill of rights in our country's constitution contains a total of 10 amendments, serving the
purpose of listing and protecting the rights of individuals in our country. The following essay will be
focusing on the beginning of the First Amendment which states, "Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise thereof...", and will also be
explaining why the Founders of our country thought freedom of religion was so important, the
differences between the Establishment Clause and the Free Exercise clause, and what limitations, if
any, should be imposed on the free exercise of one's religion.
The Founders moved to the United States from Britain to gain the ability to freely practice their
religion without consequences. They could not have religious independence in Britain because
Britain's official religion was Catholicism, which is why they thought that freedom of religion was
so important. The Great Awakening was a social movement and revitalization of religious piety
started in America between the 1730s–1770s. Through the awakening, the colonists realized that
religious power resided in their own hands, rather than in the hands of the church of England. The
freedom of religion clause in the first part of the First Amendment says the strong belief in America
that government should not interfere with religion.
The law prohibiting the government from declaring an official religion is mentioned in the
Establishment Clause,
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Santa Fe Independent School District Vs. Doe Case Study
Santa Fe Independent School District V. Doe The first clause of the first amendment to the United
States Constitution reads, "Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof" ("First Amendment" 1). In Santa Fe, Texas, a student
"chaplain" was elected by his or her classmates to give pre–game prayers at high school home
football games over the school's public address system. Several students sued, arguing that such
solemnizing statements or prayers constituted an endorsement of religion, violating the
Establishment Clause of the first amendment. The district countered that the pre–game invocations
were a long–standing tradition in Texas communities, and because the prayer came from ... Show
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Griffin argued the case for the respondents, two women who filed anonymously for their minor
children. One family was Mormon and the other family was Catholic. He states in his argument,
"there is a crucial difference between government speech endorsing religion, which the
Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and
Free Exercise Clauses protect. We certainly agree with that distinction, but we are not persuaded
that the pregame invocations should be regarded as "private speech." In their complaints, the Does
alleged that the District allowed the student to not only pray but publicly endorse other proselytizing
practices as well, such as promoting attendance at a Baptist revival meeting, encouraging
membership in certain clubs, chastising students who held minority beliefs and distributing Gideon's
bibles on school grounds ("Santa Fe" 1). Although the election process for the Student Council
Chaplain appears to ensure neutrality, it does not. In fact, it puts students who hold minority beliefs
at the mercy of the majority. There is no way to ensure their views are given the same equal respect
as the majority views. The election process does nothing to ensure that the prayers given were not
an intrusion on minority
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The Establishment Clause
The First Amendment to the United States Constitution states "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" (U.S. Const. amend. I). The Establishment Clause
which derives from "Congress shall pass no law respecting an establishment of religion" was added
to secure that state and church would be separate. In the 1971 the landmark case Lemon v.
Kurtzman was heard by the Supreme Court and questioned "Do statutes that provide state funding
for non–public, non–secular schools violate the Establishment Clause of the First Amendment?" ...
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Constitution left education powers to the States and this is evident in the opening Article of the
Florida Constitution where it states "The state board of education shall be a body corporate and have
such supervision of the system of free public education as is provided by law. The state board of
education shall consist of seven members appointed by the governor to staggered 4–year terms,
subject to confirmation by the senate. The state board of education shall appoint the commissioner
of education" (Art IX, § 2(a), Fla. Const.).
Current Issues in Education As previously states the 14th Amendment of the U.S. Constitution
upholds our founding fathers views of everyone being created equal, despite ones race, color,
gender, sexuality, nationality, or sexual orientation. There are several issues we see today in our
schools. An example would be the bathroom policy for transgender students. This was seen in
Students and Parents for Privacy v. Unites States of Education. The case questioned whether the
Department of Education and Township of High School District 211 could make students use the
restroom and locks with opposite sex
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School District V. Schempp
Abington School District v. Schempp is a 1963 Supreme Court Case that challenged religious prayer
and teachings in Pennsylvania public schools. The Pennsylvania law made it a requirement for
schools in all districts to read from the Bible (at least 10 verses) every day before class began. There
was also a clause included in the state action that allowed for any child to be excused from the
reading with specific permission from their parent or guardian. The question that this case asks is if
it is unconstitutional for public schools to mandate children to partake in Bible teachings and
practices before classes began. The reason this case was heard in front of the Supreme court is
because the Abington School District wanted to reverse an earlier decision by a district court. The
district court decided in favor of the Schempp family and found that forced prayer in public schools,
even with an opt out clause, still violates the Constitution under the First and Fourteenth
Amendments. Once the case was heard in front of the United States Supreme Court, eight out of the
nine justices agreed with the previous district court's ruling and found that prayer in public schools
is unconstitutional. II. In Abington, Pennsylvania, the Schempp Family sent their two children to
Abington Senior High. The eldest son, Ellory, had graduated previously and was exempt from the
case. The case was brought forward by the father, Edward Schempp, on behalf of his children Roger
and Donna. They
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Argumentative Essay On Freedom Of Religion
As we have established, freedom of religion is protected by the first amendment. This amendment is
divided between two clauses, the Establishment clause, and the Free exercise clause. While the latter
allows individuals to exercise freely their religious beliefs, the former prevents the government to
impose a federal religion and prevents coercion upon a religious belief. Even though these
protections exist in reality they are easily overcome by "compelling government interest". The first
amendment hasn't been very efficient when facing claims of Native Americans, unsurprisingly this
is fully in line with the prior decisions concerning their rights. A problem arises linked with the
scope of the freedom of religion clause. As we know it protects religions, the question is then what
is considered as a religion for it to be protected by the first amendment? As we have said previously,
the courts have a tendency to adopt a Judeo–Christian point of view when determining whether a
religion is protected by the first amendment. The question is whether the place given to sacred sites
in the Native American beliefs will rather be understood as a cultural use. Since courts don't protect
these lands it seems that they don't consider it as part of a religious belief, but rather as part of a
cultural use, offering monetary damages instead of protecting it, as in US v Sioux Nation of Indians.
A reason that may explain the position adopted by the courts may be that Indian beliefs seem to
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No Prayer in Public Schools Essay
No Prayer in Public Schools
Chapter three of Civil Liberties: Opposing Viewpoints inspired me to research today's issues of
school prayer. To understand how we got to where we are today, I first delved into our countries
history of court cases pertaining to rulings on prayer in schools. Lastly, to update my audience on
how our lives are being affected today, I directed my efforts toward finding current situations. By
analyzing these situations, I gained knowledge for a better understanding of why society needs to be
aware of these controversies. I don't think there should be any form of organized prayer in today's
public schools.
Praying in school was first addressed in the Supreme Court in 1962 in the Engle v. Vitale case. The
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Jaffree case, the court struck down Alabama's moment of silence law by banning observance of
"daily moments of silence" from public schools when students were encouraged to pray during the
silent periods.
When we move to current issues, we find children like Emily Lesk, a Virginia student, who stands
in the hallway for one minute every morning because she does not agree with the moment of silence
her school holds (Lesk). I feel that many children are faced with difficult decisions, affecting their
self–esteem. Some parents put pressure on their kids to get up and walk out, just like Emily does.
However, this draws attention to them and provides an opportunity for their peers to unfairly judge
them. On the other hand, if they remain in class, they will be disobeying their parents.
A wall of separation has long been established and it is understood that two basic institutions of
society can influence one another, yet neither will dominate the other. The issue of teaching religion
in school can be judged by this principal. A strong point addressed, which I agree with, states that
teaching morals and values is different than teaching religion.
Prayer in school has been an issue for many years, and there is not one solution that everyone will
agree on. This issue will hit close to home in a short number of years when I start my own family. I
will be faced with difficult decisions when placing my children into a school. Many pieces of
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Persuasive Essay On The Bill Of Rights
"Religion is like a pair of shoes... Find one that fits for you, but don't make me wear your shoes." –
George Carlin. Religion; the belief in and worship of a superhuman controlling power, especially a
personal God or gods. To this day, individuals have the right to practice a religion of their choice.
The government allows it as long as they do not others force others to participate. I strongly believe
and support this freedom we have, and would not force it upon others. Over my life, so far, I've been
raised as a person who follows a religion and have been taught why is it important to do so.
However, not everybody feels the same way about religion as I do. There are many important
documents that the government has created, one of the most important ones being the Bill of Rights.
This document is composed of the first 10 amendments to the Constitution and grants citizens their
basic rights ("Bill of Rights of the United States of America (1791)"). The First amendment contains
the establishment clause, which prevents any state from favoring one religion or from forcing a
belief in any one religion (Cunningham, 2017). This amendment, however, only applies to
restrictions imposed by the government, since the First and Fourteenth amendment both refer to
government action (Volokh, 2017).These rights are crucial to human kind because they allow
individuals to express themselves freely. Although, there are certain limitations a person needs to
follow to retain them. Similarly,
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Town Of Greece, New York V. Susan Galloway Essay
Town of Greece, New York v. Susan Galloway was a Supreme Court case that posed the question of
whether or not the town of Greece should be allowed to open their board meetings with voluntary
prayer that was almost always Christian prayer. The defendant in this case was the town of Greece,
which is located in the state of New York and has a population of 94,000 people (opinion p.1). In
1999, under new leadership, the town of Greece made the transition from opening each town board
meeting with a moment of silence to opening with a prayer (opinion p.1). The opinion states that the
prayer was supposed to, "place town members in a solemn and deliberative state of mind, invoke
divine guidance in town affairs, and follow a tradition practiced by Congress and dozens of other
state legislatures (opinion p.2)." The prayer was given each month by an unpaid volunteer
clergyman. After this person gave the prayer they were then named the "chaplain for the month"
(opinion p.2). Anyone could volunteer to be a chaplain no matter what religion they practiced or
even if they practiced no religion at all (opinion p.2). However, almost every single chaplain was
Christian (opinion p.2). One very important fact about the case is that the town of Greece did not
provide any guidelines or suggestions about what the prayers should include. In fact, they didn't
even read the prayers beforehand because they believed that would be impeding the chaplains' first
amendment right (opinion p.2). This meant
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The Pledge of Allegiance Essay
At the beginning of each day in many public and private schools around the country, students stand
and recite the Pledge of Allegiance. In fact, 35 states have passed laws mandating that the Pledge be
recited on a daily basis. This issue has been a source of controversy for years. On one side of the
argument exists families and educators who believe in the citizenship and patriotism that reciting the
Pledge brings (Chiodo, 2011). On the opposing side, families and educators argue the possible threat
to an individual's First Amendment freedoms. Before analyzing the above described controversy, we
must first examine the history of the Pledge itself. Written by Francis Bellamy, it was originally
titled the "Pledge to the Flag" and was ... Show more content on Helpwriting.net ...
Author Laurie Bennett explains that, "In the aftermath [...] people were hungry for social rituals and
eager to communicate a deeper sense of national belonging. They looked for symbols and rituals
that could unite them and forge bonds of community anew" (Bennett, 2004). One such ritual was the
Pledge of Allegiance, which President George Bush led the entire nation in just days after 9/11.
Many state legislatures also looked for ways to access strength and unity by integrating themes of
patriotism into the public schools. This increased emphasis on patriotic exercise, although stemming
somewhat from the 9/11 crisis, also came from other sources as well. "Many authors and
policymakers have expressed concern about the decline in civil engagement or attention to public
life in the U.S. population generally, and among young people in particular. A Subcommittee on
Civic Education of the federal judiciary has noted that 'a high level of civic disengagement,
especially among the young, demands a re–commitment to education for active and effective
citizenship'" (Bennett, 2004). Therefore, many state governments have embraced the mandating of
the Pledge in order to accomplish such a recommitment. Supporters of daily recitation of the Pledge
of Allegiance in classrooms claim that the rote and compulsory aspects of the Pledge are in fact
beneficial. They see the rote recitation of the Pledge
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Tension Between The Establishment Clause And The Free...
1. Explain the tension between the establishment clause and the free exercise clause of the First
amendment. Support your explanation with at least one example. First we must understand the
purpose of each of these clauses of the First Amendment. A common misunderstanding of the
Establishment Clause is that it safeguards individual rights. In reality the purpose of the
Establishment Clause is to limit the government's power in respect to legislating on matters that
deals with "respecting an establishment of religion.". The Free Exercise Clause has only a sole
purpose, the safeguarding of individual rights, specifically related to religion. For all practical
purposes there is no "tension" between these two clauses. The Supreme Court has established that
both clauses are independent in their purpose and that neither one is more important than the other
Conflict is not possible, for each clause in its own way was a "negative" on powers that might have
been implied from the original Constitution. Two "negatives" cannot conflict. The religious rights of
individuals and the ordering of relations between government and religion –while complementary,
not contradictory–are altogether different enterprises. There are several historical court cases
involving Jehovah 's Witnesses and their rights related to the First Amendment and its multiple
clauses. In 1943 West Virginia State Board of Education v. Barnette overturned another landmark
case, Minersville School District v. Gobitis
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Karen White Case Summary
In this case, Karen White is a tenured Kindergarten teacher and recent affiliate of the Jehovah
Witnesses. Her connection with the Jehovah Witnesses has necessitated some adjustments in her life
to align her lifestyle with her faith. Some of those lifestyle changes would affect her classroom; with
that in mind, Karen decided to send parental notification home with her students. White notified her
student's parents that due to her new religious beliefs, she could no longer decorate her classroom
for the traditional holidays, arrange for gift exchanges for Christmas, lead the classroom in singing
Happy Birthday to her students, nor would she be able to recite the Pledge of Allegiance with her
students. Disgruntled parents complained to ... Show more content on Helpwriting.net ...
Thus, the court is not inclined to infer that the public school lead these programs for the
advancement of religion. At the same time, although such programs are "permitted by the
Establishment Clause does not mean it is required by the Free Exercise Clause" (p. 66). Further,
White did not indicate in her parent notification a refusal to teach on the different religious or
patriotic holidays in the recommended curriculum. Moreover, the Free Exercise Clause does allow
White to abstain from decorating her classroom and planning a gift exchange as it does not
adversely affect her student's education. In addition, West Virginia State Board of Education v.
Barnette established that the First Amendment safeguards White's decision to refrain from reciting
the Pledge of Allegiance, as well as, the recitation of the Happy Birthday song. Finally, the court
finds Bill Ward's recommendation for the dismissal of Karen White without an informal or formal
hearing violated the Fourteenth Amendment procedural due process clause. It is the judgment of this
court that Karen White be reinstated
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Position Paper
Position Paper
Introduction Looking back over the past two hundred and seven years, every session of the United
States Senate has been opened with a prayer. Doing so has reaffirmed the Senates faith that God is
the Sovereign Lord of our Nation. Barry C. Black currently serves as the spiritual advisor and
counselor for the United States Senate with the title of Chaplin. Over the years, this position has
ranged from part time, to now a full time position (United States Senate, 2011). Ever since Engel v.
Vitale, people have been upset that God has been kicked out of the classroom. Engle v. Vitale was a
landmark Supreme Court case, in which it was ruled that the public school could not be started or
concluded with a formal ... Show more content on Helpwriting.net ...
By allowing prayer in schools, you would give religious students the freedom to follow their
religious beliefs during the school day. The United States was founded by those who believed in the
freedom to practice religion openly. Those who are for prayer say that prayer would help instill
moral values, something many say today's youth is lacking. In addition to teaching our children
academically, schools must also reinforce the values taught at home and in the community. It is a
strong belief that by returning prayer to school, it would lead to increased tolerance, decrease
bullying, and promote positive values. By allowing prayer, and the above listed actions, there should
be a decrease in the negativity that is happening in our schools. Overall, it is believed that the
schools will be a more positive place to be, and our youth will be more respectable citizens (All
About History, 2011).
Advocates against including prayer in school claim that those who are advocating for school prayer
are just trying to impose their own religious beliefs on others (School Prayer in America, 2011).
They often argue for the separation of Church and State (Boston, 2009). Along with having prayer
removed from school, they have also be successful in having the Ten Commandments removed from
the schools, and had any and all school parties renamed to remove any religious thought behind the
party. For example, Christmas parties have become holiday or winter parties. Advocates
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Ten Amendment Research Paper
Introduction to the Ten Amendments The Ten Amendments of the Constitution are also called the
Bill of Rights. These Ten Amendments are the essential rights and freedom Americans enjoy. These
Amendments were ratified in 1791 using the process of the three–fourths majority vote of all the
states. These amendments were ratified mostly because of fear of an over–powerful central
government that could eventually lead to tyranny. In response, the Ten Amendments, also known as
the Bill of Rights, was added to the United States Constitution to guarantee the individual's essential
rights and civil liberties.
James Madison, the writer of the Bill of Rights, who also drafted much of the original Constitution,
drafted the Bill of Right in New York in ... Show more content on Helpwriting.net ...
The freedom of speech is one of the most precious rights that the United States citizens have. Unlike
many other countries, the United States citizens have the freedom to speak their minds and to give
their opinions on anything as long as it is done in a peaceful manner without having any fear of
governmental retaliation. "The First Amendment guarantees our right to free expression and free
association, which means that the government does not have the right to forbid us from saying what
we like and writing what we like." This does not mean that a person can say whatever he or she
wants to say, but rather that a person's right to say something is protected within certain limits.
Third of all, the first amendment includes the Freedom of the Press. The freedom of the press is very
similar to the freedom of speech. It allows a group of people or an individual to express themselves
and their thoughts on printed papers, broadcast on TV or Radio, and any other ways, without
governmental control or restrictions. According to Barbara Silberdick Feinberg, "Newspapers,
magazines, and books, as well as television and movie scripts, do not have to be submitted for
government inspection before they are published. This censorship would violate the First
Amendment." Because of this
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Freedom Of Speech : Bill Of Rights
One can read in the Bill of Rights in the First Amendment the following: "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" ("Bill of Rights – Bill of Rights Institute." Bill of Rights
Institute). How do these "Clauses" protect us within the First Amendment? Do we really have
"freedom of speech"? Let us find out. The Establishment Clause deals with where the state and
religion are separated, in other words the separation of church and state. In this clause, it allows
citizens to be able to worship whatever religion they desire and the government could not interfere.
This meant that one could not worship any area that was supported by the government such as
schools, extra–curricular activities, and of course any governmental entity. The pledge of allegiance
was taken out, prayer was taken out as well. Some cases that were brought to the Supreme Court
were Tinker vs. Des Moines ISD in 1969. In this particular case, Tinker was protesting the war of
Vietnam by wearing black arm bands. The student refused to remove them when asked to. The
student was suspended and her father took action by suing the school district. The Supreme Court
was in favor of Tinker because it said that it violated her First Amendment of freedom of speech.
Another case was Cohen vs. the
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Free Exercise Clause
The Founding Fathers firmly believed that their new nation should have freedom of religion since it
is something that the United States should be founded on. They clearly believed that it was
important to protect freedom of religion because it was included in the Constitution under the First
and Fourteenth Amendment. The Constitution and the Amendments are not the only things to prove
that the Founders wanted to protect freedom of religion. The Free–Exercise and the Establishment
Clause from the first amendment both deal with religion but the Free Exercise Clause deals with the
belief of an action and the Establishment Clause deals with religion/nonreligion.
Freedom of religion is protected in the constitution and amendments because it's an important right
for all people to have. In the United States, freedom of religion is a constitutionally protected right
provided in the religion clauses of the First Amendment, "Freedom of speech, press, assembly, and
religion" which allows you to practice any religion as long as it doesn't infringe on other people's
rights. The Fourteenth Amendment ... Show more content on Helpwriting.net ...
For example, the government is not allowed to get involved if an issue assists in promoting or
discouraging a religion or non–religion under the Free Exercise Clause. This prevents the
government from bias in religious–based issues. The Prince v. Massachusetts Supreme Court case is
an example of how these clauses protect people from government interference of practicing their
religion. However, if the religious belief conflicts with other laws or "public morals," then the
clauses' jurisdiction runs out. The First Amendment contain these two clauses to separate church and
state and prevent unnecessary prejudice in the
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First Amendment In High School
The First Amendment to the United States Constitution founded the concrete belief that government
and faith–based institutions must and will remain separate from one another. This section of the first
amendment disavows the U.S. government to establish or sanction any system of organized faiths or
religions upon the people or to outlaw or disgrace any systems of organized faiths as well. But the
line discerning the legitimacy of a faith and the true extent of the government's power over faith–
based organizations has only remained to become muddled over the past 240 years of its
establishment. Over the years, the ideology and true intent of the founding fathers had remained in
question, where some believe the amendment addresses to the general ... Show more content on
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Despite adopting this test, the Supreme Court has been quick to disregard the test and lower the wall
separating issues of state and faith as long as educational barriers such as the banishment of school
prayer remained untouched. This quick change was evident in the 1981 ruling by the court that a
law that prohibited the use of public school properties and campuses for religious purposes
unconstitutional was deemed itself unconstitutional. This slow reduction of the separating wall was
evident in many more cases through the Supreme Court's following history; cases such as deeming
acts of the University of Virginia unconstitutional, who violated the free speech of a fundamentalist
Christian group by not funding their magazine. Other following cases slowly deemed the funding of
Christian organizations and schools more acceptable as Christian books and financial aid to said
students, was deemed constitutionally sound if the aid went to the school, not to the students. These
establishment issues not only of education but on the use of religious displays and depictions in
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Pros And Cons Of The First Amendment
The First Amendment is split into two clauses, establishment and free exercise. The establishment
clause states, "Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof..." In other words, government cannot favor or support any religion. The
other aspect of the Amendment is the Free Exercise Clause, which prohibits congress from making
any law prohibiting the free exercise of religion. In 2005, Prisoners in Ohio state prison filed a
lawsuit against the prison officials on the ground that a federal law violation was occurring when the
prisoners were refused permission to practice their own religions including Satanism, Wicca, and
Asatru. The federal law being violated by the prison officials is The Religious Land Use and
Institutionalized Persons Act of 2000 (RLUIPA). RLUIPA is an act created to protect prisoners by
prohibiting government to act through prisons or prison officials, to restrict any religious exercise of
the prisoners, unless the restriction was to achieve a compelling state interest. The prisoners felt the
government was prohibiting their right to free exercise, which is in violation of the act. In addition,
the prisoners felt the reason for burden was because of their religions did not fit mainstream beliefs.
In response, the prison officials pleaded that RLUIPA was equivalent to government furtherance of
religion and in violation of the First Amendment's establishment clause, which forbids such
advocacy
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The Importance Of Prayer In Public Schools
Public schools are put in place to educate students tempt them into religious acts that were not
chosen upon them individually, the judicial outlook of the matter is the courts find that prayers
being set upon in schools is inappropriate and unconstitutional, the presidential outlook from
(Murray v. Curlett) explains that students coming into school should not start the day with a prayer
and should have neutrality, the executive's feel that the practice of religions in schools singles out
the kids who do not participate in religions at home and should be rethought altogether. Each branch
separately has issues with the out coming of religion being shown so freely in public schools and
can see the concerns worried parents may have about it, but the dispute seems so easily brushed off
that even the laws passed behind it seems almost nonchalant. The judicial branch entered the
argument of whether prayer in schools violates an individual's constitutional right. In the 1963 case
Engel v. Vitale, the Supreme Court ruled 8 to 1 that group prayer in schools does violate the
establishment clause of the First Amendment. They went on to say that it Is not appropriate for an
educational institution to endorse any particular religion or their practices. It also said that the giving
of federal funds to religious schools was unconstitutional in Abington School District v. Schmepp,
The court ruled that the bible reading in schools also violated the establishment clause of the First
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Reflecting on Religious Expression and School Prayer Essay
This country is comprised of individuals from various ethnic backgrounds, socioeconomic groups,
sexual orientations, and faith traditions. Whether it relates to race, class, religion or any other
category where one resides in the dominant group, it is tempting not to become oppressive and fail
to show mutual respect to the diverse cultures and beliefs of other groups. Furthermore, as
educational leaders, we must be equipped with knowledge around policies related to the above
mentioned, so that we can enforce such and build upon those that need refining.
In reflecting on religious expression and school prayer, it is important to realize the current legal
issues and policies that should inform the regulation of such within the context of the ... Show more
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Any school promotion or endorsement of a student's private religious activity is unconstitutional.
There have been various acts across schools within this country to discriminate and demean students
within schools because they follow faith traditions different than that of the dominant group. Thus, it
is important to realize that though as a school body one cannot endorse or promote one religion or
faith–tradition over another, as educational leaders we also should not engage in discrimination and
disrespect for faith believes that do not align with ours or allow other students and staff to engage in
such. Rather we must work to promote multicultural acceptance and mutual respect, celebrating the
rich diversity among all individuals and groups.
Landmark Cases
There are three landmark cases most relevant to the discussion on religious expression and school
prayer. Engle v. Vitale is a case where the Court held that recitation of a prayer composed by the
New York State Board of Regents, which was to be said in the presence of a teacher at the beginning
of school each day, was unconstitutional and in violation of the Establishment Clause. School
District of Abington Township v. Schempp presents a case where the Court held that reading the
Bible for sectarian purposes and reciting the Lord's Prayer in public schools during normal hours
were unconstitutional; however, the Court asserted that the Bible could be read as literature in
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Questions On The Law Of The United States
Rachel Pratt
EDUC–A 308
24 March 2015
Issue Paper Detailed Outline
Step One: Summarize the issue you have chosen and state the position you will argue.
I am going to argue that the fourth grade teacher who posted a banner in his room that said "What
Would Jesus Do?" has violated the Establishment Clause of the First Amendment. In order to avoid
violating this clause, the banner must pass every prong of the Lemon test. However, this particular
banner does not.
Step Two: List the legal standards and how they will apply to your case and argument.
The Establishment Clause of the First Amendment is the legal standard that pertains to this
particular argument. When assessing whether the banner in question violates the Establishment
Clause, ... Show more content on Helpwriting.net ...
Case One: Stone v. Graham Supreme Court of the United States 449 U.S. 39
In this case, petitioner private citizens filed a suit against the superintendent of public schools in
Kentucky, James Graham. Sydell and a number of other parents challenged the Kentucky state law
requiring the posting of the Ten Commandments in every public school classroom. Each plaque
would be purchased with private contributions and would have that statement, "The secular
application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code
of Western Civilization and the Common Law of the United States." The private citizens claimed
that the statue violated the First Amendment and sought an injunction against its enforcement. The
state supreme court held that the statue's purpose was secular and it would neither advance nor
inhibit any religion or religious group nor involve the state excessively in religious matters. On
appeal, the United States Supreme Court held that the statue had no secular legislative purpose and
was, therefore, unconstitutional. The purpose for posting the Ten Commandments was clearly
religious due to the fact that they are sacred in the Jewish and Christian faiths, therefore violating
the Establishment Clause of the First Amendment. This particular case will support my argument by
confirming that hanging up items on school walls that do
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Argumentative Essay On The First Amendment
The first amendment grants religious freedom to all citizens of the United States but when does that
religions power and actions go too far, and when are we supposed to draw the line? The First
Amendment grants religious freedom to the Citizens of the United States allowing them to believe
what they want and freely practice their religion. This goes as far to say what happens when their
power goes too far. Whether it be deemed illegal or something that the states don't feel should be
going on. Should we turn our cheeks and let it go on. I feel that there should be a point in which we
do put limitations on people's actions in their religions. The Founding Fathers knew that freedom of
religion was very important and one of the reasons they came to America. Therefore, we have the
free exercise clause and the establishment clause. These all give citizens the right to hold their
beliefs and practice their religions freely but, when those actions start to go against the law and
harm other people then there is a point where we need to put limitations on them. The founding
fathers thought that freedom of religion was very important to have in the New World. The founding
fathers and other immigrants came over to the Americas for various reasons. One being that England
did not have freedom of religion and they could not practice what they wanted to practice. They
were enforced to practice the Church of England at the time. This being one of the reasons they put
the first amendment
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Analysis Of The Pledge Of Allegiance
The Pledge of Allegiance was created by Francis Bellamy during the late 19th century as a tactic for
promoting patriotism in schools, and the sales of American flags throughout the country. Later on,
the pledge became a critical component of American culture through the celebrations of Christopher
Columbus discovering the "New World". Over the years, the pledge has been modified to overcome
the horrors of World War II, the Holocaust, the Cold War, and other trepidatious events. However,
these alterations on the Pledge of Allegiance have become highly controversial, as the term "Under
God" defies the Establishment Clause, a law mentioning that church and state should be kept
distinct in order to prevent biases, and the emphasis on religion. The preeminent factor of the pledge
being contentious is that not everyone follows a religion; therefore, the pledge occasionally shows
up in court (several times this century).
Derek Davis, the author of the article "The Pledge of Allegiance and American Values, makes many
arguments on the dubious Pledge of Allegiance that come with many points to mention and
consider. One of the fundamental concepts that he points out is the adoption of the word "God"
throughout the United States Government. For instance, the phrase "... The Pledge of Allegiance, the
most common symbols of American civil religions are the national motto, 'In God We Trust,' which
also appears on the U.S currency; the Declaration of Independence, has four references to
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Lemon Vs Kurtzman Case Study
Lemon v. Kurtzman (1971)
Facts:
The states of Pennsylvania and Rhode Island provides state aid to church related schools.
The tax payers sued, challenging the constitutionality of the program.
Since the state gave aid to the church related school it violated the Establishment Clause.
Issue:
"Did the Rhode Island and Pennsylvania statutes violate the First Amendment's Establishment
Clause by making state financial aid available to "church–related educational institutions"?"
Decision of the court:
The court ruled (9–0), that the program created by the state violated the establishment clause
because it associates governmental money with religion.
Reasoning:
The court ruled against the program because it violated the Establishment Clause. ... Show more
content on Helpwriting.net ...
Cathy Kuhlmeier along with other students wrote articles about divorce and teen pregnancy in their
school, making sure their identities were anonymous.
The school principal deemed that the articles were inappropriate for the audience and eliminated
their publications. The students sued, saying the principal violated their First Amendment right.
Issue: "Does the decision of a principal to prohibit the publishing of certain articles, which he deems
inappropriate, in the school newspaper violate the student journalists' First Amendment right of
freedom of speech?"
Decision of the court: The Supreme Court ruled 5–3 in favor of the school, it reversed the decision
of the Eight Circuit Court stating that the principal's actions regarding the publication did not violate
the students' First Amendment right.
Reasoning: The principal did not violate the students First Amendment right because The Spectrum
is school sponsored and that it has the right deem articles inappropriate and it has the right to
prevent the publication of innapropriate articles. Therefore, the principal had every right of
preventing the publication of those articles. Lastly, the court also stated that since the newspaper
was part of the school's Journalism class and not for public interest it also had the right to
appropriately edit those
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Prayer in Public Schools
The United States was built on prayer. Prayer or religion is on our currency in the many halls of our
justice and federal buildings so no matter where we go, we cannot escape prayer. Our founding
fathers did not exclude the bible in building our nation and educating our future and there will be no
expectation. No matter what there will be prayer no matter where you are. Some people just don't
believe in God that's why some don't want prayer in public school. Though each of the clauses are
originally applied to the central US government, and the Fourteenth Amendment was extended to
scope out the whole entire First Amendment to all levels of government, including state level.
Though urging with force the states and the subject schools adopted an equally separate approach to
religion in schools. This issue of the school prayer was seriously decision in the U.S. since the
1900's. In the 18th, 19th, and the early 20th centuries, schools locates country usage opened with an
oral prayer or Bible reading. Religious people would sometimes object to the distinct of noting of
events were performed in schools. For example the Edgerton Bible Case. The Wisconsin Supreme
Court ruled in favor of Catholics who was objected to use the Original King James Bible in
Wisconsin schools. The ruling is based on the state constitution to seek or ask in Wisconsin. Like
the other challenges anywhere else in the country, provided preceding in time or rank for federal
rulings to come later. Legal
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Church And State Case Analysis Paper
CHURCH AND STATE CASE ANALYSIS
What is the basis of Church and State Case Law? [NOTE: Indicate U. S. Constitutional basis, which
amendments are pertinent, AND list landmark cases]
Church and State law really start in the First Amendment to the United States Constitution. The First
Amendment ensures the freedom of religion for all American citizens. The relevant part of the First
Amendment to this analysis talks about how congress will not make any laws specifically
addressing any specific religion in any way. According to Hillman and Trevaskis (2014) "...the First
Amendment's two religion clauses lay out seemingly conflicting messages–government cannot
promote religion but government must also not prohibit the free exercise of religion." (p. ... Show
more content on Helpwriting.net ...
We know this is Free Exercise because this case deals with school board members trying to get the
school to allow a course involving Bible Literacy, not stop a course currently offered by the school.
People in support of the course argue that many of the figures referenced in the Bible are referenced
throughout world history and today and that learning these figures will actually help their education.
Those who support the course support the course as an elective class or on that a student chooses to
take. Those opposed to the course question what the phrase "Bible Literacy" means and how exactly
the Bible will be taught. Concerns over students who do not come from religious households or
religions that do not use the Bible were brought up. It is assumed at this point that the course is
approved by the school board and a family sues the school
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Separation Between Church And State
Separation of Church and State The "separation of church and state" is a phrase that was used by
Thomas Jefferson in his letter to Connecticut's Danbury Baptist Association in 1802, about the
Establishment clause (Jefferson, 1802). The Establishment Clause is a limitation places on the U.S.
Congress that prevents it from passing legislation regarding an establishment of religion. The
separation of church and state is rarely challenged today. However some say that it is actually not
part of the Constitution and there is no real constitutional separation between religion and politics.
(Patton, 1995). The separation between church and state is real and constitutional, the Establishment
clause implied that Congress cannot meddle in matters of people's faith (or lack thereof), therefore
creating a restriction between church and state.
"Not in the Constitution"
Many argue that the Constitution does not specifically state that there is a separation between
government and religion, that it isn't backed up by ... Show more content on Helpwriting.net ...
In this case this principle of separation of church and state is heavily implied. Congress meant for
the First Amendment to be broad, they had actually denied a narrow proposal from James Madison
for an amendment about religion in June 1789 that said, "nor shall any national religion be
established" (Butler, 2010). Congress went on to reject several other proposals for amendments
regarding religion that also talked about banning the establishment of a "sect or society in
preference to others" (Butler, 2010). The final version of the amendment, which is the one we know,
uses a broader view of the word religion, and also gives us the right that we know as religious
freedom. So, the First Amendment did allude to the separation of church and state by saying "make
no law respecting an establishment of religion" and that it also would guarantee "the free exercise
thereof" (Butler,
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Code Art Case Study
Issue
Retail Stores in Prince George's County (Maryland) sought review of the counties orders about the
injunction (Md. Ann. Code art. 27, § 534H,) regarding the opening times of the retail stores on
Sundays.
Facts
Prince George's County filed identical petitions against two stores: Atlantic Department Store, Inc.
and George's Radio and Television, Inc. that violated Md. Ann. Code art. 27, § 534H. The stores
went to trial and claimed that the Code violates the First Amendment. There they had to admit that
they did not meet any of the exemptions that would allow them to operate on a Sunday. They
appealed the courts ruling and this time they asserted that § 534H violated the Establishment Clause
of the First Amendment because they think that religion was the reason for the prohibition. And
since their employees that were working on Sundays were not required to work in violation of their
religious beliefs, the county had no right to set up this law. The court then again came to a
conclusion that the stores were wrong with their accusations of the violation because the prohibition
of operating on Sundays had nothing to do with religious reason but were meant for recreation and
enjoyment ... Show more content on Helpwriting.net ...
The Md. Ann. Code art. 27, § 534H specifies that Section 534H(a) says that one day of the week,
specifically mentioned Sunday's, the wholesales or retail for profit is prohibited. It also stated that
Section 534H(d) this is applicable to everyone including the people that observe a day other than
Sunday as a rest day, in addition, the law even observes that other day. Subsection f on the other
hand permits specifically mentioned industrial operations on Sunday. They include all recreational
activities, sports, and amusements. Lastly §534H(j) rules that the violation of this law is considered
a
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Religion and School Prayer in Public Schools Essays
America's founders envisioned a nation whose government would allow for freedoms and rights to
be guaranteed to its citizens. The desire for religious freedom was prominent, sine it was not a right
granted to the early colonists living under Briti sh rule. Because England's government forced all of
its citizens to learn and practice the same religion, America's first legislators made certain that
government intervention in religious matters was prohibited. Therefore, religious freedom was
ensured in the First Amendment to the Constitution, as it states, "Congress shall make no law
respecting the establishment of religion, or prohibiting the free exercise thereof. . ." (Whitehead,
Rights 49). This statement allowed ... Show more content on Helpwriting.net ...
Numerous state governments displayed favoritism and partiality towards different religions in the
form of lonas and support. Therefore to further ensure that religion was independent of the
government, a more precise interpretation of the first amendment was enacted. By completely
making religion and the state unconnected, the new understanding became known as the separation
of church and state.
Secularism, the term used to define the separation of church and state, has become an increasingly
debatable issue, especially when dealing with the role of prayer in public schools. The antagonists
argue that the total separation of church and st ate is extreme and that the writers of the Constitution
would have allowed for more religious involvement in the schools (Whitehead, Freedom 5). Not
only is the antagonist group comprised of common citizens, but government officials as well. For
example, former Chief Justice Warren Burger explained in 1984, "The constitution does not require
complete separation of church and state; it affirmatively mandates accommodation, not merely
tolerance of all religions, and forbids hostility toward an y" (Whitehead, Rights 49). On the same
note, the Northwest ordinance, passed by the same congress that ratified the Consitution, stated that
"religion, morality and knowledge being necessary to
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Experience
First Amendment: Religion and Education
Grand Canyon University: POS: 500
October 20, 2015
Religion and the First Amendment An examination of the First Amendment legal issues that arise
when a student turns in an essay and the displaying of religious nature for an assignment will
provide insight into how the First Amendment applies to classroom assignments. Each reason will
provide important insight, information, and court cases to better help in giving a view of the first
amendment in regards to religion and education.
Legal Issues Regarding Grading of Assignment When grading a student essay, there are some legal
issue that need to be considered. As a teacher, you cannot not accept a student's work due to it
containing ... Show more content on Helpwriting.net ...
One case that caught my eye was the O.T. v. Frenchtown Elementary School District Board of
Education, where a student performed in an afterschool talent show and wanted to sing the song
"Awesome God." The school violated her rights due to her performance not bearing the imprimatur
of the school and her viewpoint being discriminated (O.T. v. Frenchtown Elementary School District
Board of Education).
Application of First Amendment to the Scenario The First Amendment is designed to protect all
citizens by giving them the right to express themselves in different ways. In doing so, we still have
to be careful on how we do it. Students have the right to express themselves as long as it does not
cause any disruption. In my school district, we abides by the First Amendment by not forbidding all
mention of religion in the school system (Pamlico County Board of Education, 2015). The only part
that is prohibited is the advancement or inhibition of religion (Pamlico County Board of Education,
2015). My school district feels that there's nothing unconstitutional about using religious subjects or
materials as long as it is in compliance to the neutrality of the education program (Pamlico County
Board of Education, 2015).
Conclusion
When working with students assignments that deals with religion, we as educators have to take
various things into considerations. We have to allow students the opportunity to express themselves
even when dealing with religious
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Religion's Place in Education Essay
Abstract
There have been many lawsuits that involve the issues between religion and government state laws
and regulations. As of today religion is still a very emotional issue between Christian churches and
schools. Issues such as prayer in school, reciting the pledge of allegiance (under God), teaching the
Ten Commandments or evolution, are prohibited in public schools today. Educational administrators
must be aware of these issues and the laws that must be adherent to.
Religious Issues
The Constitution made no reference to religious liberties of United States citizens during ratification
of states; the Bill of Rights does address religious freedom but over the past decade the conflict
between church and state has increased ... Show more content on Helpwriting.net ...
Because of the decision made in the Cantwell case, the Fourteenth Amendment makes the First
Amendment applicable to state action, which makes the establishment clause significant for the
administration of public schools (Essex, 2002).
One of the most highly debated issues in schools today is prohibiting of school–sponsored prayer.
Before the issues with prayer in schools, prayer was offered in public places before an event of at
the start of a day. The problems that arise from having prayer in school was that because of the
many cultures in schools some students were being force to deny their own belief and religious
freedom. Congress, state legislatures, and citizens tried to find an alternative to this situation by
adopting a prayer that was school–sponsored, non–denominational, voluntarily, and to be recited by
each class in the presence of the classroom teacher which was composed by the New York Board of
Regents in 1962. The prayer read "Almighty God, we acknowledge our independence upon thee and
we beg thy blessing upon us, our parents, our teachers and our country" (Essex, 2002, p 17). The
students that did not want to participate in the reciting the prayer would be excused from
participation, but some parents still was not satisfied, saying
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Establishment Clause Case Study
There has been long time debate over the separation between church and state. The Establishment
Clause and the Free Exercise Clause of the First Amendment together read: "Congress shall make
no law respecting an establishment of religion, or prohibiting the free exercise thereof...". In the
case of Sante Fe Independent School District v. Doe, the Supreme Court upheld the findings of the
United States Court of Appeals for the Fifth Circuit. In a 6–3 opinion delivered by Justice John Paul
Stevens, the Court held that the District's policy permitting student–led, student–initiated prayer at
football games violates the Establishment Clause (Santa Fe Independent ...). The First Amendment's
Establishment Clause prohibits the government from making any law "respecting an establishment
of religion." This clause not only prohibits the government from establishing an official religion, but
also forbids government actions that disproportionately favor ... Show more content on
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Even though Santa Fe is a city within a state, within the Union, its schools are subject to the federal
standard above all city and state judicial findings. The lawsuit was also subject to the Lemon test:
Government action violates the Establishment Clause unless it: has a significant secular (i.e., non–
religious) purpose, does not have the primary effect of advancing or inhibiting religion, and does not
foster excessive entanglement between government and religion. The Supreme Court held that the
board's policy violated the first part of the so–called Lemon test (Lemon v. Kurtzman [1971]),
which ruled that a statute was invalid if it did not have a secular legislative purpose; in fact, the only
purpose the court found for the policy was to endorse student–led prayer. Thus, the court concluded
that the football prayer violated the establishment clause of the First
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The Importance Of Establishment Clause Of The First Amendment
It must be understood that "the history of man is inseparable from the history of religion." Engel
v.Vitale, 370 U.S. 421, 431 (1962). The Establishment of Religion Clause of the First Amendment
states that Neither a state nor the Federal Government can set up a church. Neither can pass laws
which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor
influence a person to go to remain away from church against his will or force him to profess a belief
of disbeliefs, for church attendance or non–attendance. No tax in any amount, large or small, can be
levied to support any religious activities or institutions, whatever they may adopt to teach or practice
religion. Neither state nor the Federal Government can openly or secretly participate in the affairs of
any religious organizations or groups and vice versa. Everson v. Bd. of Educ., 330 U.S. 1 (1947).
Furthermore, the Establishment Clause provides the standard by which the government and
religions or religious institutions must abide, and prohibits "sponsorship, financial support, and
active involvement of the sovereign religious activity." Lemon v. Kurtzman, 403 U.S. 602 (1971).
The Establishment Clause was created to protect the people from the monarchy and the country in
the hands of the citizens. Engel, 370 U.S. at 421. The First Amendment leaves the Government in a
position not of hostility, but of neutrality. . .The philosophy is that if the government interferes in
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Prayer In Schools Essay
This paper will examine the topic of prayer in school. School prayer has remained a subject of
national debate in the United States. This freedom has slowly but surely been taken away from
students across the country. By bringing to light the laws pertaining to prayer in schools,
understanding the current situation in schools, and rewriting school policy regarding prayer, this
travesty can be avoided before it grows further. The dispute over school prayer has stemmed from
the government 's views on the relationship between itself and the church. Even though the national
government aimed to tolerate all religions shortly after the Constitution was written, many state
governments did not stand by this. Many state governments displayed favoritism towards different
religions in the form of support. Therefore to further ensure that religion was independent of the
government, a more precise interpretation of the first amendment was made by certain groups of
people. By completely making religion and the state unconnected, the new understanding became
known as the separation of church and state. This is taken out of context by many people and is only
an understanding of the first amendment. Secularism, is the term used to define the separation of
church and state. The antagonists argue that the total separation of church and state is extreme and
that the writers of the Constitution would have allowed for more religious involvement in the
schools (Whitehead, Freedom 5). For
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The Controversial Issue of Religion in Schools Essay
The Controversial Issue of Religion in Schools
Religion in Schools has proven to be a very controversial matter as of lately. Even though teaching
about religion is allowed in public schools, there are still many questions that are being asked in
order to provide a basis of what is appropriate for school, and what is inappropriate. The first
amendment to the United States Constitution says that 'congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof' which implies that you have the
choice of exercising your own religion, no matter what it may be. However, this poses an interesting
argument within the public schools of America because we have such a diverse population with ...
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President Dwight D. Eisenhower authorized the change so that the United States would be separated
from our Soviet Union enemies who were purely Atheist. (Borja, 2002, paragraph 17.) To many
people, the pledge is a constant affirmation of unity and love, and to many it is seen as just a giant
cult–like prayer.
The argument of the words ?under god? remaining in the pledge is an ongoing fight?one with many
court cases, all of which have ruled the same. The ruling is that under god is still appropriate and
need not be removed from the pledge. The argument is clear, saying that there are many people who
are not ?under God? and do not believe in ?Him.? Some people believe this statement shows that
our nation?s religious beliefs are all the same, when in fact they are not. In a recent case in
California, a few chief justices spoke on their opinion about the pledge. Justice Rehnquist says ?
Reciting the pledge, or listening to others recite it, is a patriotic exercise, not a religious one?
Participants promise fidelity to our flag and our nation, not to any particular God, Faith or Church.?
(Hendrie, 2004, paragraph 25). Judge O?Connor says that ?nearly any government action could be
overturned as a violation of the establishment clause if a ?heckler?s veto? sufficed to show that its
message was one of endorsement.? (Hendrie, 2004, paragraph 27).
To many people?s surprise, it is not necessary for children to recite the pledge of allegiance at
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Religion and Prayer Must Not be Permitted in Public...
Early American colonists anticipated a country full of freedoms and opportunities. As the new
government was beginning to develop, the Founders took into consideration the restrictions placed
on them and their fellow immigrants in their former home lands. One difficulty the colonists
encountered back in Europe was the inability to practice a desired religion or not to practice one at
all. Since the newly formed country was made up of people from more than one religious
background, the government had to come up with a way to accommodate all of its citizens.
Understanding the country's diversity, the writers of the Constitution of the United States of
America included in the First Amendment the words, "Congress shall make ... Show more content
on Helpwriting.net ...
Since the Establishment Clause of the First Amendment protects the citizens from being influenced
or offended by government sponsor ed religion, prayer in the public school system is intolerable.
Accordingly, the idea of secularism was first proposed by James Madison in the religion clauses,
because he wanted to avoid any sort of political influence on religious institutions (Alley 1 8). As a
result of Madison's initiation of the concept of secularism, the role of religion in government
institutions such as schools is now considered unconstitutional.
In defiance to the Court's separation of church and state ruling, many public school districts persist
to support the exercise of prayer. Numerous cases have arisen reflecting the opposing views on the
role of prayer, including the 1962 precedent setting court case Engel v. Vitale. The debate occurred
because the children of a New York public school district were required to recite the following lines
every morning: "Almighty God, we acknowledge our dependence upon thee, and we beg t hey
blessing upon us, our parents, our teachers and our country" (Sikorski xi). In response, the Supreme
Court immediately reprimanded the school system by declaring the act unconstitutional and banning
the prayer. The school and other advocates ar gued that the prayer was nondenominational and
should
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Compare And Contrast Edwards Vs Aguillard
In the late nineteen–eighties, Edwards v. Aguillard argued that a Louisiana law was against the First
Amendment of the Constitution. This law prohibited public schools from teaching about evolution
and the evolutionary processes unless the topic was taught alongside religious based creation
theories. More specifically, this law imposed on public schools was argued to have broken the
Establishment Clause of the First Amendment. This clause simply says that absolutely no law can
establish or support a religion ("Establishment Clause", 2011). Many people challenged the state's
law including local parents and teachers as well as men and women with religious affiliations.
Ultimately, the Supreme Court found that the state's act was unlawful according to the
Establishment Clause of the First Amendment due to the fact that there was no non–religious basis
to the act. The creation theories are entirely based around the idea that an all–powerful god created
the human race. Therefore the state is promoting this religious teaching. Although it was argued that
the act was to give students more opportunities to learn, the point was made that the teachers lost the
power to make decisions in his or her own classroom. Furthermore, the law inhibits the learning of
children by banning the teaching of evolution unless creation is also taught in the classroom. The
law ... Show more content on Helpwriting.net ...
Aguillard. I agree with the verdict of this case. Louisiana's law was clearly put into place to
diminish the validity behind the evolution theory. This is in clear violation of the Establishment
Clause of the First Amendment. The First Amendment is fairly clear, but the Establishment Clause
is even more straightforward. This clause is absolute, saying that no law can be in place supporting
any establishment of religion or religion itself ("Establishment Clause",
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God In Government : Should God Be In Government?
Aaron Gonzales
Ms. Lopez
8th English Language Arts
14 November 2017
Should God Be In Government?
God in government has been a very controversial topic. It is controversial because people argue that
if god is in government what will happen to the people that don't believe in a god, but the people
that believe in god can say that the government has to have something to overrule them because no
one person can have all of the power. Case laws have proven that people have used their religion to
prove their point by saying "in my religion it lets me drink alcohol at a young age so their for I did
nothing wrong I was just practicing my religion (Founding Fathers, 2011)".
Pledge of Allegiance The Pledge of Allegiance has a lot of controversy. The most controversial part
of the Pledge of Allegiance and the part that people like to argue over is "one nation under god." It is
controversial because it is a statement that not everyone believes that the nation is under god
because their is killings that occur and a god in most religions it is a sin or it is looked down upon.
For those that do not believe in religion they think that this is only going to be for the religious
people so they think that there is no nation because there is no God. Some of the other arguments
that people have are that the nation is not really a nation that is under God because people say where
is God if we are under him where is he.
Laws that have God in them
Most laws today are related to the 10 Commandments. Some of the commandments that the laws
are based on are "Thou shalt not kill" the law that is based on this commandment is that if someone
kills they will be tried to a jury and if they are convicted guilt the will get sentenced to prison.
Another law that is based on one of the ten commandments is "thou shalt not steal" if a person steals
they convicted of theft and they would be tried by a jury. The reason why these are controversial
because what if these commandments weren't there then they would have to came up with these
laws but people argue that if that wasn't the case we would have ended up a country that was almost
the exact same thing as the country we were running from the country that we would might of been
like England
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Establishment Clause Of The First Amendment

  • 1. Establishment Clause Of The First Amendment The Establishment Clause of the First Amendment prohibits teachers from expressing their religious preference while teaching or performing duties as a teacher. However, Title VII requires accommodations of "all aspect of religious observance..." if it does not produce undue hardship on the employer. Based on student performance, required ritual times and declining enrollment, the school district is experiencing hardship, but there are several factors that may constitute a more in– depth review of what is happening with the teacher and her class. For example, I would recommend that she complete her rituals before classes start, during lunch and at the end of the school day. This will provide the required reasonable accommodations for her religious ... Get more on HelpWriting.net ...
  • 2. Sex Marriage License Does Not Violate The Lemon Test © Entanglement with religion: A public official allowing the deputy clerk to sign a same–sex marriage license does not violate the "Lemon Test". However, making adherence to a religion can prohibit religion. Justice O'Connor concurred, that the Establishment Clause can prohibit in two principle ways and "One is excessive *688 entanglement with religious institutions, which may interfere with the independence of the institutions, give the institutions access to government or governmental powers not fully shared by nonadherent of the religion, and foster the creation of political constituencies defined along religious lines. E. g., Larkin v. Grendel 's Den, Inc., 459 U. S. 116 (1982)" (Lynch 688). When all things considered, to avoid entanglement between the state and church, and to affirm a religious right, RFRA claims will require some measures from the endorsement test. Importantly, when applying RFRA to Byrd's case there was no entanglement between the state and church; Byrd's refusal to sign same–sex marriage license was not impermissibly used to influence his religion; neither was he trying to avoid the government interference with religion. However, for a RFRA claims; it is required some measures from the endorsement test because of the growing increase of religion into the workplace. Providing that only the endorsement test will protect the religious rights of any one who is in the political community. 1. Does a reasonable RFRA accommodation ... Get more on HelpWriting.net ...
  • 3. The Importance And Cons Of The First Amendment The Bill of rights in our country's constitution contains a total of 10 amendments, serving the purpose of listing and protecting the rights of individuals in our country. The following essay will be focusing on the beginning of the First Amendment which states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...", and will also be explaining why the Founders of our country thought freedom of religion was so important, the differences between the Establishment Clause and the Free Exercise clause, and what limitations, if any, should be imposed on the free exercise of one's religion. The Founders moved to the United States from Britain to gain the ability to freely practice their religion without consequences. They could not have religious independence in Britain because Britain's official religion was Catholicism, which is why they thought that freedom of religion was so important. The Great Awakening was a social movement and revitalization of religious piety started in America between the 1730s–1770s. Through the awakening, the colonists realized that religious power resided in their own hands, rather than in the hands of the church of England. The freedom of religion clause in the first part of the First Amendment says the strong belief in America that government should not interfere with religion. The law prohibiting the government from declaring an official religion is mentioned in the Establishment Clause, ... Get more on HelpWriting.net ...
  • 4. Santa Fe Independent School District Vs. Doe Case Study Santa Fe Independent School District V. Doe The first clause of the first amendment to the United States Constitution reads, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" ("First Amendment" 1). In Santa Fe, Texas, a student "chaplain" was elected by his or her classmates to give pre–game prayers at high school home football games over the school's public address system. Several students sued, arguing that such solemnizing statements or prayers constituted an endorsement of religion, violating the Establishment Clause of the first amendment. The district countered that the pre–game invocations were a long–standing tradition in Texas communities, and because the prayer came from ... Show more content on Helpwriting.net ... Griffin argued the case for the respondents, two women who filed anonymously for their minor children. One family was Mormon and the other family was Catholic. He states in his argument, "there is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect. We certainly agree with that distinction, but we are not persuaded that the pregame invocations should be regarded as "private speech." In their complaints, the Does alleged that the District allowed the student to not only pray but publicly endorse other proselytizing practices as well, such as promoting attendance at a Baptist revival meeting, encouraging membership in certain clubs, chastising students who held minority beliefs and distributing Gideon's bibles on school grounds ("Santa Fe" 1). Although the election process for the Student Council Chaplain appears to ensure neutrality, it does not. In fact, it puts students who hold minority beliefs at the mercy of the majority. There is no way to ensure their views are given the same equal respect as the majority views. The election process does nothing to ensure that the prayers given were not an intrusion on minority ... Get more on HelpWriting.net ...
  • 5. The Establishment Clause The First Amendment to the United States Constitution states "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" (U.S. Const. amend. I). The Establishment Clause which derives from "Congress shall pass no law respecting an establishment of religion" was added to secure that state and church would be separate. In the 1971 the landmark case Lemon v. Kurtzman was heard by the Supreme Court and questioned "Do statutes that provide state funding for non–public, non–secular schools violate the Establishment Clause of the First Amendment?" ... Show more content on Helpwriting.net ... Constitution left education powers to the States and this is evident in the opening Article of the Florida Constitution where it states "The state board of education shall be a body corporate and have such supervision of the system of free public education as is provided by law. The state board of education shall consist of seven members appointed by the governor to staggered 4–year terms, subject to confirmation by the senate. The state board of education shall appoint the commissioner of education" (Art IX, § 2(a), Fla. Const.). Current Issues in Education As previously states the 14th Amendment of the U.S. Constitution upholds our founding fathers views of everyone being created equal, despite ones race, color, gender, sexuality, nationality, or sexual orientation. There are several issues we see today in our schools. An example would be the bathroom policy for transgender students. This was seen in Students and Parents for Privacy v. Unites States of Education. The case questioned whether the Department of Education and Township of High School District 211 could make students use the restroom and locks with opposite sex ... Get more on HelpWriting.net ...
  • 6. School District V. Schempp Abington School District v. Schempp is a 1963 Supreme Court Case that challenged religious prayer and teachings in Pennsylvania public schools. The Pennsylvania law made it a requirement for schools in all districts to read from the Bible (at least 10 verses) every day before class began. There was also a clause included in the state action that allowed for any child to be excused from the reading with specific permission from their parent or guardian. The question that this case asks is if it is unconstitutional for public schools to mandate children to partake in Bible teachings and practices before classes began. The reason this case was heard in front of the Supreme court is because the Abington School District wanted to reverse an earlier decision by a district court. The district court decided in favor of the Schempp family and found that forced prayer in public schools, even with an opt out clause, still violates the Constitution under the First and Fourteenth Amendments. Once the case was heard in front of the United States Supreme Court, eight out of the nine justices agreed with the previous district court's ruling and found that prayer in public schools is unconstitutional. II. In Abington, Pennsylvania, the Schempp Family sent their two children to Abington Senior High. The eldest son, Ellory, had graduated previously and was exempt from the case. The case was brought forward by the father, Edward Schempp, on behalf of his children Roger and Donna. They ... Get more on HelpWriting.net ...
  • 7. Argumentative Essay On Freedom Of Religion As we have established, freedom of religion is protected by the first amendment. This amendment is divided between two clauses, the Establishment clause, and the Free exercise clause. While the latter allows individuals to exercise freely their religious beliefs, the former prevents the government to impose a federal religion and prevents coercion upon a religious belief. Even though these protections exist in reality they are easily overcome by "compelling government interest". The first amendment hasn't been very efficient when facing claims of Native Americans, unsurprisingly this is fully in line with the prior decisions concerning their rights. A problem arises linked with the scope of the freedom of religion clause. As we know it protects religions, the question is then what is considered as a religion for it to be protected by the first amendment? As we have said previously, the courts have a tendency to adopt a Judeo–Christian point of view when determining whether a religion is protected by the first amendment. The question is whether the place given to sacred sites in the Native American beliefs will rather be understood as a cultural use. Since courts don't protect these lands it seems that they don't consider it as part of a religious belief, but rather as part of a cultural use, offering monetary damages instead of protecting it, as in US v Sioux Nation of Indians. A reason that may explain the position adopted by the courts may be that Indian beliefs seem to ... Get more on HelpWriting.net ...
  • 8. No Prayer in Public Schools Essay No Prayer in Public Schools Chapter three of Civil Liberties: Opposing Viewpoints inspired me to research today's issues of school prayer. To understand how we got to where we are today, I first delved into our countries history of court cases pertaining to rulings on prayer in schools. Lastly, to update my audience on how our lives are being affected today, I directed my efforts toward finding current situations. By analyzing these situations, I gained knowledge for a better understanding of why society needs to be aware of these controversies. I don't think there should be any form of organized prayer in today's public schools. Praying in school was first addressed in the Supreme Court in 1962 in the Engle v. Vitale case. The ... Show more content on Helpwriting.net ... Jaffree case, the court struck down Alabama's moment of silence law by banning observance of "daily moments of silence" from public schools when students were encouraged to pray during the silent periods. When we move to current issues, we find children like Emily Lesk, a Virginia student, who stands in the hallway for one minute every morning because she does not agree with the moment of silence her school holds (Lesk). I feel that many children are faced with difficult decisions, affecting their self–esteem. Some parents put pressure on their kids to get up and walk out, just like Emily does. However, this draws attention to them and provides an opportunity for their peers to unfairly judge them. On the other hand, if they remain in class, they will be disobeying their parents. A wall of separation has long been established and it is understood that two basic institutions of society can influence one another, yet neither will dominate the other. The issue of teaching religion in school can be judged by this principal. A strong point addressed, which I agree with, states that teaching morals and values is different than teaching religion. Prayer in school has been an issue for many years, and there is not one solution that everyone will agree on. This issue will hit close to home in a short number of years when I start my own family. I will be faced with difficult decisions when placing my children into a school. Many pieces of ... Get more on HelpWriting.net ...
  • 9. Persuasive Essay On The Bill Of Rights "Religion is like a pair of shoes... Find one that fits for you, but don't make me wear your shoes." – George Carlin. Religion; the belief in and worship of a superhuman controlling power, especially a personal God or gods. To this day, individuals have the right to practice a religion of their choice. The government allows it as long as they do not others force others to participate. I strongly believe and support this freedom we have, and would not force it upon others. Over my life, so far, I've been raised as a person who follows a religion and have been taught why is it important to do so. However, not everybody feels the same way about religion as I do. There are many important documents that the government has created, one of the most important ones being the Bill of Rights. This document is composed of the first 10 amendments to the Constitution and grants citizens their basic rights ("Bill of Rights of the United States of America (1791)"). The First amendment contains the establishment clause, which prevents any state from favoring one religion or from forcing a belief in any one religion (Cunningham, 2017). This amendment, however, only applies to restrictions imposed by the government, since the First and Fourteenth amendment both refer to government action (Volokh, 2017).These rights are crucial to human kind because they allow individuals to express themselves freely. Although, there are certain limitations a person needs to follow to retain them. Similarly, ... Get more on HelpWriting.net ...
  • 10. Town Of Greece, New York V. Susan Galloway Essay Town of Greece, New York v. Susan Galloway was a Supreme Court case that posed the question of whether or not the town of Greece should be allowed to open their board meetings with voluntary prayer that was almost always Christian prayer. The defendant in this case was the town of Greece, which is located in the state of New York and has a population of 94,000 people (opinion p.1). In 1999, under new leadership, the town of Greece made the transition from opening each town board meeting with a moment of silence to opening with a prayer (opinion p.1). The opinion states that the prayer was supposed to, "place town members in a solemn and deliberative state of mind, invoke divine guidance in town affairs, and follow a tradition practiced by Congress and dozens of other state legislatures (opinion p.2)." The prayer was given each month by an unpaid volunteer clergyman. After this person gave the prayer they were then named the "chaplain for the month" (opinion p.2). Anyone could volunteer to be a chaplain no matter what religion they practiced or even if they practiced no religion at all (opinion p.2). However, almost every single chaplain was Christian (opinion p.2). One very important fact about the case is that the town of Greece did not provide any guidelines or suggestions about what the prayers should include. In fact, they didn't even read the prayers beforehand because they believed that would be impeding the chaplains' first amendment right (opinion p.2). This meant ... Get more on HelpWriting.net ...
  • 11. The Pledge of Allegiance Essay At the beginning of each day in many public and private schools around the country, students stand and recite the Pledge of Allegiance. In fact, 35 states have passed laws mandating that the Pledge be recited on a daily basis. This issue has been a source of controversy for years. On one side of the argument exists families and educators who believe in the citizenship and patriotism that reciting the Pledge brings (Chiodo, 2011). On the opposing side, families and educators argue the possible threat to an individual's First Amendment freedoms. Before analyzing the above described controversy, we must first examine the history of the Pledge itself. Written by Francis Bellamy, it was originally titled the "Pledge to the Flag" and was ... Show more content on Helpwriting.net ... Author Laurie Bennett explains that, "In the aftermath [...] people were hungry for social rituals and eager to communicate a deeper sense of national belonging. They looked for symbols and rituals that could unite them and forge bonds of community anew" (Bennett, 2004). One such ritual was the Pledge of Allegiance, which President George Bush led the entire nation in just days after 9/11. Many state legislatures also looked for ways to access strength and unity by integrating themes of patriotism into the public schools. This increased emphasis on patriotic exercise, although stemming somewhat from the 9/11 crisis, also came from other sources as well. "Many authors and policymakers have expressed concern about the decline in civil engagement or attention to public life in the U.S. population generally, and among young people in particular. A Subcommittee on Civic Education of the federal judiciary has noted that 'a high level of civic disengagement, especially among the young, demands a re–commitment to education for active and effective citizenship'" (Bennett, 2004). Therefore, many state governments have embraced the mandating of the Pledge in order to accomplish such a recommitment. Supporters of daily recitation of the Pledge of Allegiance in classrooms claim that the rote and compulsory aspects of the Pledge are in fact beneficial. They see the rote recitation of the Pledge ... Get more on HelpWriting.net ...
  • 12. Tension Between The Establishment Clause And The Free... 1. Explain the tension between the establishment clause and the free exercise clause of the First amendment. Support your explanation with at least one example. First we must understand the purpose of each of these clauses of the First Amendment. A common misunderstanding of the Establishment Clause is that it safeguards individual rights. In reality the purpose of the Establishment Clause is to limit the government's power in respect to legislating on matters that deals with "respecting an establishment of religion.". The Free Exercise Clause has only a sole purpose, the safeguarding of individual rights, specifically related to religion. For all practical purposes there is no "tension" between these two clauses. The Supreme Court has established that both clauses are independent in their purpose and that neither one is more important than the other Conflict is not possible, for each clause in its own way was a "negative" on powers that might have been implied from the original Constitution. Two "negatives" cannot conflict. The religious rights of individuals and the ordering of relations between government and religion –while complementary, not contradictory–are altogether different enterprises. There are several historical court cases involving Jehovah 's Witnesses and their rights related to the First Amendment and its multiple clauses. In 1943 West Virginia State Board of Education v. Barnette overturned another landmark case, Minersville School District v. Gobitis ... Get more on HelpWriting.net ...
  • 13. Karen White Case Summary In this case, Karen White is a tenured Kindergarten teacher and recent affiliate of the Jehovah Witnesses. Her connection with the Jehovah Witnesses has necessitated some adjustments in her life to align her lifestyle with her faith. Some of those lifestyle changes would affect her classroom; with that in mind, Karen decided to send parental notification home with her students. White notified her student's parents that due to her new religious beliefs, she could no longer decorate her classroom for the traditional holidays, arrange for gift exchanges for Christmas, lead the classroom in singing Happy Birthday to her students, nor would she be able to recite the Pledge of Allegiance with her students. Disgruntled parents complained to ... Show more content on Helpwriting.net ... Thus, the court is not inclined to infer that the public school lead these programs for the advancement of religion. At the same time, although such programs are "permitted by the Establishment Clause does not mean it is required by the Free Exercise Clause" (p. 66). Further, White did not indicate in her parent notification a refusal to teach on the different religious or patriotic holidays in the recommended curriculum. Moreover, the Free Exercise Clause does allow White to abstain from decorating her classroom and planning a gift exchange as it does not adversely affect her student's education. In addition, West Virginia State Board of Education v. Barnette established that the First Amendment safeguards White's decision to refrain from reciting the Pledge of Allegiance, as well as, the recitation of the Happy Birthday song. Finally, the court finds Bill Ward's recommendation for the dismissal of Karen White without an informal or formal hearing violated the Fourteenth Amendment procedural due process clause. It is the judgment of this court that Karen White be reinstated ... Get more on HelpWriting.net ...
  • 14. Position Paper Position Paper Introduction Looking back over the past two hundred and seven years, every session of the United States Senate has been opened with a prayer. Doing so has reaffirmed the Senates faith that God is the Sovereign Lord of our Nation. Barry C. Black currently serves as the spiritual advisor and counselor for the United States Senate with the title of Chaplin. Over the years, this position has ranged from part time, to now a full time position (United States Senate, 2011). Ever since Engel v. Vitale, people have been upset that God has been kicked out of the classroom. Engle v. Vitale was a landmark Supreme Court case, in which it was ruled that the public school could not be started or concluded with a formal ... Show more content on Helpwriting.net ... By allowing prayer in schools, you would give religious students the freedom to follow their religious beliefs during the school day. The United States was founded by those who believed in the freedom to practice religion openly. Those who are for prayer say that prayer would help instill moral values, something many say today's youth is lacking. In addition to teaching our children academically, schools must also reinforce the values taught at home and in the community. It is a strong belief that by returning prayer to school, it would lead to increased tolerance, decrease bullying, and promote positive values. By allowing prayer, and the above listed actions, there should be a decrease in the negativity that is happening in our schools. Overall, it is believed that the schools will be a more positive place to be, and our youth will be more respectable citizens (All About History, 2011). Advocates against including prayer in school claim that those who are advocating for school prayer are just trying to impose their own religious beliefs on others (School Prayer in America, 2011). They often argue for the separation of Church and State (Boston, 2009). Along with having prayer removed from school, they have also be successful in having the Ten Commandments removed from the schools, and had any and all school parties renamed to remove any religious thought behind the party. For example, Christmas parties have become holiday or winter parties. Advocates ... Get more on HelpWriting.net ...
  • 15. Ten Amendment Research Paper Introduction to the Ten Amendments The Ten Amendments of the Constitution are also called the Bill of Rights. These Ten Amendments are the essential rights and freedom Americans enjoy. These Amendments were ratified in 1791 using the process of the three–fourths majority vote of all the states. These amendments were ratified mostly because of fear of an over–powerful central government that could eventually lead to tyranny. In response, the Ten Amendments, also known as the Bill of Rights, was added to the United States Constitution to guarantee the individual's essential rights and civil liberties. James Madison, the writer of the Bill of Rights, who also drafted much of the original Constitution, drafted the Bill of Right in New York in ... Show more content on Helpwriting.net ... The freedom of speech is one of the most precious rights that the United States citizens have. Unlike many other countries, the United States citizens have the freedom to speak their minds and to give their opinions on anything as long as it is done in a peaceful manner without having any fear of governmental retaliation. "The First Amendment guarantees our right to free expression and free association, which means that the government does not have the right to forbid us from saying what we like and writing what we like." This does not mean that a person can say whatever he or she wants to say, but rather that a person's right to say something is protected within certain limits. Third of all, the first amendment includes the Freedom of the Press. The freedom of the press is very similar to the freedom of speech. It allows a group of people or an individual to express themselves and their thoughts on printed papers, broadcast on TV or Radio, and any other ways, without governmental control or restrictions. According to Barbara Silberdick Feinberg, "Newspapers, magazines, and books, as well as television and movie scripts, do not have to be submitted for government inspection before they are published. This censorship would violate the First Amendment." Because of this ... Get more on HelpWriting.net ...
  • 16. Freedom Of Speech : Bill Of Rights One can read in the Bill of Rights in the First Amendment the following: "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" ("Bill of Rights – Bill of Rights Institute." Bill of Rights Institute). How do these "Clauses" protect us within the First Amendment? Do we really have "freedom of speech"? Let us find out. The Establishment Clause deals with where the state and religion are separated, in other words the separation of church and state. In this clause, it allows citizens to be able to worship whatever religion they desire and the government could not interfere. This meant that one could not worship any area that was supported by the government such as schools, extra–curricular activities, and of course any governmental entity. The pledge of allegiance was taken out, prayer was taken out as well. Some cases that were brought to the Supreme Court were Tinker vs. Des Moines ISD in 1969. In this particular case, Tinker was protesting the war of Vietnam by wearing black arm bands. The student refused to remove them when asked to. The student was suspended and her father took action by suing the school district. The Supreme Court was in favor of Tinker because it said that it violated her First Amendment of freedom of speech. Another case was Cohen vs. the ... Get more on HelpWriting.net ...
  • 17. Free Exercise Clause The Founding Fathers firmly believed that their new nation should have freedom of religion since it is something that the United States should be founded on. They clearly believed that it was important to protect freedom of religion because it was included in the Constitution under the First and Fourteenth Amendment. The Constitution and the Amendments are not the only things to prove that the Founders wanted to protect freedom of religion. The Free–Exercise and the Establishment Clause from the first amendment both deal with religion but the Free Exercise Clause deals with the belief of an action and the Establishment Clause deals with religion/nonreligion. Freedom of religion is protected in the constitution and amendments because it's an important right for all people to have. In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment, "Freedom of speech, press, assembly, and religion" which allows you to practice any religion as long as it doesn't infringe on other people's rights. The Fourteenth Amendment ... Show more content on Helpwriting.net ... For example, the government is not allowed to get involved if an issue assists in promoting or discouraging a religion or non–religion under the Free Exercise Clause. This prevents the government from bias in religious–based issues. The Prince v. Massachusetts Supreme Court case is an example of how these clauses protect people from government interference of practicing their religion. However, if the religious belief conflicts with other laws or "public morals," then the clauses' jurisdiction runs out. The First Amendment contain these two clauses to separate church and state and prevent unnecessary prejudice in the ... Get more on HelpWriting.net ...
  • 18. First Amendment In High School The First Amendment to the United States Constitution founded the concrete belief that government and faith–based institutions must and will remain separate from one another. This section of the first amendment disavows the U.S. government to establish or sanction any system of organized faiths or religions upon the people or to outlaw or disgrace any systems of organized faiths as well. But the line discerning the legitimacy of a faith and the true extent of the government's power over faith– based organizations has only remained to become muddled over the past 240 years of its establishment. Over the years, the ideology and true intent of the founding fathers had remained in question, where some believe the amendment addresses to the general ... Show more content on Helpwriting.net ... Despite adopting this test, the Supreme Court has been quick to disregard the test and lower the wall separating issues of state and faith as long as educational barriers such as the banishment of school prayer remained untouched. This quick change was evident in the 1981 ruling by the court that a law that prohibited the use of public school properties and campuses for religious purposes unconstitutional was deemed itself unconstitutional. This slow reduction of the separating wall was evident in many more cases through the Supreme Court's following history; cases such as deeming acts of the University of Virginia unconstitutional, who violated the free speech of a fundamentalist Christian group by not funding their magazine. Other following cases slowly deemed the funding of Christian organizations and schools more acceptable as Christian books and financial aid to said students, was deemed constitutionally sound if the aid went to the school, not to the students. These establishment issues not only of education but on the use of religious displays and depictions in ... Get more on HelpWriting.net ...
  • 19. Pros And Cons Of The First Amendment The First Amendment is split into two clauses, establishment and free exercise. The establishment clause states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." In other words, government cannot favor or support any religion. The other aspect of the Amendment is the Free Exercise Clause, which prohibits congress from making any law prohibiting the free exercise of religion. In 2005, Prisoners in Ohio state prison filed a lawsuit against the prison officials on the ground that a federal law violation was occurring when the prisoners were refused permission to practice their own religions including Satanism, Wicca, and Asatru. The federal law being violated by the prison officials is The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). RLUIPA is an act created to protect prisoners by prohibiting government to act through prisons or prison officials, to restrict any religious exercise of the prisoners, unless the restriction was to achieve a compelling state interest. The prisoners felt the government was prohibiting their right to free exercise, which is in violation of the act. In addition, the prisoners felt the reason for burden was because of their religions did not fit mainstream beliefs. In response, the prison officials pleaded that RLUIPA was equivalent to government furtherance of religion and in violation of the First Amendment's establishment clause, which forbids such advocacy ... Get more on HelpWriting.net ...
  • 20. The Importance Of Prayer In Public Schools Public schools are put in place to educate students tempt them into religious acts that were not chosen upon them individually, the judicial outlook of the matter is the courts find that prayers being set upon in schools is inappropriate and unconstitutional, the presidential outlook from (Murray v. Curlett) explains that students coming into school should not start the day with a prayer and should have neutrality, the executive's feel that the practice of religions in schools singles out the kids who do not participate in religions at home and should be rethought altogether. Each branch separately has issues with the out coming of religion being shown so freely in public schools and can see the concerns worried parents may have about it, but the dispute seems so easily brushed off that even the laws passed behind it seems almost nonchalant. The judicial branch entered the argument of whether prayer in schools violates an individual's constitutional right. In the 1963 case Engel v. Vitale, the Supreme Court ruled 8 to 1 that group prayer in schools does violate the establishment clause of the First Amendment. They went on to say that it Is not appropriate for an educational institution to endorse any particular religion or their practices. It also said that the giving of federal funds to religious schools was unconstitutional in Abington School District v. Schmepp, The court ruled that the bible reading in schools also violated the establishment clause of the First ... Get more on HelpWriting.net ...
  • 21. Reflecting on Religious Expression and School Prayer Essay This country is comprised of individuals from various ethnic backgrounds, socioeconomic groups, sexual orientations, and faith traditions. Whether it relates to race, class, religion or any other category where one resides in the dominant group, it is tempting not to become oppressive and fail to show mutual respect to the diverse cultures and beliefs of other groups. Furthermore, as educational leaders, we must be equipped with knowledge around policies related to the above mentioned, so that we can enforce such and build upon those that need refining. In reflecting on religious expression and school prayer, it is important to realize the current legal issues and policies that should inform the regulation of such within the context of the ... Show more content on Helpwriting.net ... Any school promotion or endorsement of a student's private religious activity is unconstitutional. There have been various acts across schools within this country to discriminate and demean students within schools because they follow faith traditions different than that of the dominant group. Thus, it is important to realize that though as a school body one cannot endorse or promote one religion or faith–tradition over another, as educational leaders we also should not engage in discrimination and disrespect for faith believes that do not align with ours or allow other students and staff to engage in such. Rather we must work to promote multicultural acceptance and mutual respect, celebrating the rich diversity among all individuals and groups. Landmark Cases There are three landmark cases most relevant to the discussion on religious expression and school prayer. Engle v. Vitale is a case where the Court held that recitation of a prayer composed by the New York State Board of Regents, which was to be said in the presence of a teacher at the beginning of school each day, was unconstitutional and in violation of the Establishment Clause. School District of Abington Township v. Schempp presents a case where the Court held that reading the Bible for sectarian purposes and reciting the Lord's Prayer in public schools during normal hours were unconstitutional; however, the Court asserted that the Bible could be read as literature in ... Get more on HelpWriting.net ...
  • 22. Questions On The Law Of The United States Rachel Pratt EDUC–A 308 24 March 2015 Issue Paper Detailed Outline Step One: Summarize the issue you have chosen and state the position you will argue. I am going to argue that the fourth grade teacher who posted a banner in his room that said "What Would Jesus Do?" has violated the Establishment Clause of the First Amendment. In order to avoid violating this clause, the banner must pass every prong of the Lemon test. However, this particular banner does not. Step Two: List the legal standards and how they will apply to your case and argument. The Establishment Clause of the First Amendment is the legal standard that pertains to this particular argument. When assessing whether the banner in question violates the Establishment Clause, ... Show more content on Helpwriting.net ... Case One: Stone v. Graham Supreme Court of the United States 449 U.S. 39 In this case, petitioner private citizens filed a suit against the superintendent of public schools in Kentucky, James Graham. Sydell and a number of other parents challenged the Kentucky state law requiring the posting of the Ten Commandments in every public school classroom. Each plaque would be purchased with private contributions and would have that statement, "The secular application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code of Western Civilization and the Common Law of the United States." The private citizens claimed that the statue violated the First Amendment and sought an injunction against its enforcement. The state supreme court held that the statue's purpose was secular and it would neither advance nor inhibit any religion or religious group nor involve the state excessively in religious matters. On appeal, the United States Supreme Court held that the statue had no secular legislative purpose and was, therefore, unconstitutional. The purpose for posting the Ten Commandments was clearly religious due to the fact that they are sacred in the Jewish and Christian faiths, therefore violating the Establishment Clause of the First Amendment. This particular case will support my argument by confirming that hanging up items on school walls that do ... Get more on HelpWriting.net ...
  • 23. Argumentative Essay On The First Amendment The first amendment grants religious freedom to all citizens of the United States but when does that religions power and actions go too far, and when are we supposed to draw the line? The First Amendment grants religious freedom to the Citizens of the United States allowing them to believe what they want and freely practice their religion. This goes as far to say what happens when their power goes too far. Whether it be deemed illegal or something that the states don't feel should be going on. Should we turn our cheeks and let it go on. I feel that there should be a point in which we do put limitations on people's actions in their religions. The Founding Fathers knew that freedom of religion was very important and one of the reasons they came to America. Therefore, we have the free exercise clause and the establishment clause. These all give citizens the right to hold their beliefs and practice their religions freely but, when those actions start to go against the law and harm other people then there is a point where we need to put limitations on them. The founding fathers thought that freedom of religion was very important to have in the New World. The founding fathers and other immigrants came over to the Americas for various reasons. One being that England did not have freedom of religion and they could not practice what they wanted to practice. They were enforced to practice the Church of England at the time. This being one of the reasons they put the first amendment ... Get more on HelpWriting.net ...
  • 24. Analysis Of The Pledge Of Allegiance The Pledge of Allegiance was created by Francis Bellamy during the late 19th century as a tactic for promoting patriotism in schools, and the sales of American flags throughout the country. Later on, the pledge became a critical component of American culture through the celebrations of Christopher Columbus discovering the "New World". Over the years, the pledge has been modified to overcome the horrors of World War II, the Holocaust, the Cold War, and other trepidatious events. However, these alterations on the Pledge of Allegiance have become highly controversial, as the term "Under God" defies the Establishment Clause, a law mentioning that church and state should be kept distinct in order to prevent biases, and the emphasis on religion. The preeminent factor of the pledge being contentious is that not everyone follows a religion; therefore, the pledge occasionally shows up in court (several times this century). Derek Davis, the author of the article "The Pledge of Allegiance and American Values, makes many arguments on the dubious Pledge of Allegiance that come with many points to mention and consider. One of the fundamental concepts that he points out is the adoption of the word "God" throughout the United States Government. For instance, the phrase "... The Pledge of Allegiance, the most common symbols of American civil religions are the national motto, 'In God We Trust,' which also appears on the U.S currency; the Declaration of Independence, has four references to ... Get more on HelpWriting.net ...
  • 25. Lemon Vs Kurtzman Case Study Lemon v. Kurtzman (1971) Facts: The states of Pennsylvania and Rhode Island provides state aid to church related schools. The tax payers sued, challenging the constitutionality of the program. Since the state gave aid to the church related school it violated the Establishment Clause. Issue: "Did the Rhode Island and Pennsylvania statutes violate the First Amendment's Establishment Clause by making state financial aid available to "church–related educational institutions"?" Decision of the court: The court ruled (9–0), that the program created by the state violated the establishment clause because it associates governmental money with religion. Reasoning: The court ruled against the program because it violated the Establishment Clause. ... Show more content on Helpwriting.net ... Cathy Kuhlmeier along with other students wrote articles about divorce and teen pregnancy in their school, making sure their identities were anonymous. The school principal deemed that the articles were inappropriate for the audience and eliminated their publications. The students sued, saying the principal violated their First Amendment right. Issue: "Does the decision of a principal to prohibit the publishing of certain articles, which he deems inappropriate, in the school newspaper violate the student journalists' First Amendment right of freedom of speech?" Decision of the court: The Supreme Court ruled 5–3 in favor of the school, it reversed the decision of the Eight Circuit Court stating that the principal's actions regarding the publication did not violate the students' First Amendment right. Reasoning: The principal did not violate the students First Amendment right because The Spectrum is school sponsored and that it has the right deem articles inappropriate and it has the right to prevent the publication of innapropriate articles. Therefore, the principal had every right of preventing the publication of those articles. Lastly, the court also stated that since the newspaper was part of the school's Journalism class and not for public interest it also had the right to appropriately edit those ... Get more on HelpWriting.net ...
  • 26. Prayer in Public Schools The United States was built on prayer. Prayer or religion is on our currency in the many halls of our justice and federal buildings so no matter where we go, we cannot escape prayer. Our founding fathers did not exclude the bible in building our nation and educating our future and there will be no expectation. No matter what there will be prayer no matter where you are. Some people just don't believe in God that's why some don't want prayer in public school. Though each of the clauses are originally applied to the central US government, and the Fourteenth Amendment was extended to scope out the whole entire First Amendment to all levels of government, including state level. Though urging with force the states and the subject schools adopted an equally separate approach to religion in schools. This issue of the school prayer was seriously decision in the U.S. since the 1900's. In the 18th, 19th, and the early 20th centuries, schools locates country usage opened with an oral prayer or Bible reading. Religious people would sometimes object to the distinct of noting of events were performed in schools. For example the Edgerton Bible Case. The Wisconsin Supreme Court ruled in favor of Catholics who was objected to use the Original King James Bible in Wisconsin schools. The ruling is based on the state constitution to seek or ask in Wisconsin. Like the other challenges anywhere else in the country, provided preceding in time or rank for federal rulings to come later. Legal ... Get more on HelpWriting.net ...
  • 27. Church And State Case Analysis Paper CHURCH AND STATE CASE ANALYSIS What is the basis of Church and State Case Law? [NOTE: Indicate U. S. Constitutional basis, which amendments are pertinent, AND list landmark cases] Church and State law really start in the First Amendment to the United States Constitution. The First Amendment ensures the freedom of religion for all American citizens. The relevant part of the First Amendment to this analysis talks about how congress will not make any laws specifically addressing any specific religion in any way. According to Hillman and Trevaskis (2014) "...the First Amendment's two religion clauses lay out seemingly conflicting messages–government cannot promote religion but government must also not prohibit the free exercise of religion." (p. ... Show more content on Helpwriting.net ... We know this is Free Exercise because this case deals with school board members trying to get the school to allow a course involving Bible Literacy, not stop a course currently offered by the school. People in support of the course argue that many of the figures referenced in the Bible are referenced throughout world history and today and that learning these figures will actually help their education. Those who support the course support the course as an elective class or on that a student chooses to take. Those opposed to the course question what the phrase "Bible Literacy" means and how exactly the Bible will be taught. Concerns over students who do not come from religious households or religions that do not use the Bible were brought up. It is assumed at this point that the course is approved by the school board and a family sues the school ... Get more on HelpWriting.net ...
  • 28. Separation Between Church And State Separation of Church and State The "separation of church and state" is a phrase that was used by Thomas Jefferson in his letter to Connecticut's Danbury Baptist Association in 1802, about the Establishment clause (Jefferson, 1802). The Establishment Clause is a limitation places on the U.S. Congress that prevents it from passing legislation regarding an establishment of religion. The separation of church and state is rarely challenged today. However some say that it is actually not part of the Constitution and there is no real constitutional separation between religion and politics. (Patton, 1995). The separation between church and state is real and constitutional, the Establishment clause implied that Congress cannot meddle in matters of people's faith (or lack thereof), therefore creating a restriction between church and state. "Not in the Constitution" Many argue that the Constitution does not specifically state that there is a separation between government and religion, that it isn't backed up by ... Show more content on Helpwriting.net ... In this case this principle of separation of church and state is heavily implied. Congress meant for the First Amendment to be broad, they had actually denied a narrow proposal from James Madison for an amendment about religion in June 1789 that said, "nor shall any national religion be established" (Butler, 2010). Congress went on to reject several other proposals for amendments regarding religion that also talked about banning the establishment of a "sect or society in preference to others" (Butler, 2010). The final version of the amendment, which is the one we know, uses a broader view of the word religion, and also gives us the right that we know as religious freedom. So, the First Amendment did allude to the separation of church and state by saying "make no law respecting an establishment of religion" and that it also would guarantee "the free exercise thereof" (Butler, ... Get more on HelpWriting.net ...
  • 29. Code Art Case Study Issue Retail Stores in Prince George's County (Maryland) sought review of the counties orders about the injunction (Md. Ann. Code art. 27, § 534H,) regarding the opening times of the retail stores on Sundays. Facts Prince George's County filed identical petitions against two stores: Atlantic Department Store, Inc. and George's Radio and Television, Inc. that violated Md. Ann. Code art. 27, § 534H. The stores went to trial and claimed that the Code violates the First Amendment. There they had to admit that they did not meet any of the exemptions that would allow them to operate on a Sunday. They appealed the courts ruling and this time they asserted that § 534H violated the Establishment Clause of the First Amendment because they think that religion was the reason for the prohibition. And since their employees that were working on Sundays were not required to work in violation of their religious beliefs, the county had no right to set up this law. The court then again came to a conclusion that the stores were wrong with their accusations of the violation because the prohibition of operating on Sundays had nothing to do with religious reason but were meant for recreation and enjoyment ... Show more content on Helpwriting.net ... The Md. Ann. Code art. 27, § 534H specifies that Section 534H(a) says that one day of the week, specifically mentioned Sunday's, the wholesales or retail for profit is prohibited. It also stated that Section 534H(d) this is applicable to everyone including the people that observe a day other than Sunday as a rest day, in addition, the law even observes that other day. Subsection f on the other hand permits specifically mentioned industrial operations on Sunday. They include all recreational activities, sports, and amusements. Lastly §534H(j) rules that the violation of this law is considered a ... Get more on HelpWriting.net ...
  • 30. Religion and School Prayer in Public Schools Essays America's founders envisioned a nation whose government would allow for freedoms and rights to be guaranteed to its citizens. The desire for religious freedom was prominent, sine it was not a right granted to the early colonists living under Briti sh rule. Because England's government forced all of its citizens to learn and practice the same religion, America's first legislators made certain that government intervention in religious matters was prohibited. Therefore, religious freedom was ensured in the First Amendment to the Constitution, as it states, "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof. . ." (Whitehead, Rights 49). This statement allowed ... Show more content on Helpwriting.net ... Numerous state governments displayed favoritism and partiality towards different religions in the form of lonas and support. Therefore to further ensure that religion was independent of the government, a more precise interpretation of the first amendment was enacted. By completely making religion and the state unconnected, the new understanding became known as the separation of church and state. Secularism, the term used to define the separation of church and state, has become an increasingly debatable issue, especially when dealing with the role of prayer in public schools. The antagonists argue that the total separation of church and st ate is extreme and that the writers of the Constitution would have allowed for more religious involvement in the schools (Whitehead, Freedom 5). Not only is the antagonist group comprised of common citizens, but government officials as well. For example, former Chief Justice Warren Burger explained in 1984, "The constitution does not require complete separation of church and state; it affirmatively mandates accommodation, not merely tolerance of all religions, and forbids hostility toward an y" (Whitehead, Rights 49). On the same note, the Northwest ordinance, passed by the same congress that ratified the Consitution, stated that "religion, morality and knowledge being necessary to ... Get more on HelpWriting.net ...
  • 31. Experience First Amendment: Religion and Education Grand Canyon University: POS: 500 October 20, 2015 Religion and the First Amendment An examination of the First Amendment legal issues that arise when a student turns in an essay and the displaying of religious nature for an assignment will provide insight into how the First Amendment applies to classroom assignments. Each reason will provide important insight, information, and court cases to better help in giving a view of the first amendment in regards to religion and education. Legal Issues Regarding Grading of Assignment When grading a student essay, there are some legal issue that need to be considered. As a teacher, you cannot not accept a student's work due to it containing ... Show more content on Helpwriting.net ... One case that caught my eye was the O.T. v. Frenchtown Elementary School District Board of Education, where a student performed in an afterschool talent show and wanted to sing the song "Awesome God." The school violated her rights due to her performance not bearing the imprimatur of the school and her viewpoint being discriminated (O.T. v. Frenchtown Elementary School District Board of Education). Application of First Amendment to the Scenario The First Amendment is designed to protect all citizens by giving them the right to express themselves in different ways. In doing so, we still have to be careful on how we do it. Students have the right to express themselves as long as it does not cause any disruption. In my school district, we abides by the First Amendment by not forbidding all mention of religion in the school system (Pamlico County Board of Education, 2015). The only part that is prohibited is the advancement or inhibition of religion (Pamlico County Board of Education, 2015). My school district feels that there's nothing unconstitutional about using religious subjects or materials as long as it is in compliance to the neutrality of the education program (Pamlico County Board of Education, 2015). Conclusion When working with students assignments that deals with religion, we as educators have to take various things into considerations. We have to allow students the opportunity to express themselves even when dealing with religious ... Get more on HelpWriting.net ...
  • 32. Religion's Place in Education Essay Abstract There have been many lawsuits that involve the issues between religion and government state laws and regulations. As of today religion is still a very emotional issue between Christian churches and schools. Issues such as prayer in school, reciting the pledge of allegiance (under God), teaching the Ten Commandments or evolution, are prohibited in public schools today. Educational administrators must be aware of these issues and the laws that must be adherent to. Religious Issues The Constitution made no reference to religious liberties of United States citizens during ratification of states; the Bill of Rights does address religious freedom but over the past decade the conflict between church and state has increased ... Show more content on Helpwriting.net ... Because of the decision made in the Cantwell case, the Fourteenth Amendment makes the First Amendment applicable to state action, which makes the establishment clause significant for the administration of public schools (Essex, 2002). One of the most highly debated issues in schools today is prohibiting of school–sponsored prayer. Before the issues with prayer in schools, prayer was offered in public places before an event of at the start of a day. The problems that arise from having prayer in school was that because of the many cultures in schools some students were being force to deny their own belief and religious freedom. Congress, state legislatures, and citizens tried to find an alternative to this situation by adopting a prayer that was school–sponsored, non–denominational, voluntarily, and to be recited by each class in the presence of the classroom teacher which was composed by the New York Board of Regents in 1962. The prayer read "Almighty God, we acknowledge our independence upon thee and we beg thy blessing upon us, our parents, our teachers and our country" (Essex, 2002, p 17). The students that did not want to participate in the reciting the prayer would be excused from participation, but some parents still was not satisfied, saying ... Get more on HelpWriting.net ...
  • 33. Establishment Clause Case Study There has been long time debate over the separation between church and state. The Establishment Clause and the Free Exercise Clause of the First Amendment together read: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...". In the case of Sante Fe Independent School District v. Doe, the Supreme Court upheld the findings of the United States Court of Appeals for the Fifth Circuit. In a 6–3 opinion delivered by Justice John Paul Stevens, the Court held that the District's policy permitting student–led, student–initiated prayer at football games violates the Establishment Clause (Santa Fe Independent ...). The First Amendment's Establishment Clause prohibits the government from making any law "respecting an establishment of religion." This clause not only prohibits the government from establishing an official religion, but also forbids government actions that disproportionately favor ... Show more content on Helpwriting.net ... Even though Santa Fe is a city within a state, within the Union, its schools are subject to the federal standard above all city and state judicial findings. The lawsuit was also subject to the Lemon test: Government action violates the Establishment Clause unless it: has a significant secular (i.e., non– religious) purpose, does not have the primary effect of advancing or inhibiting religion, and does not foster excessive entanglement between government and religion. The Supreme Court held that the board's policy violated the first part of the so–called Lemon test (Lemon v. Kurtzman [1971]), which ruled that a statute was invalid if it did not have a secular legislative purpose; in fact, the only purpose the court found for the policy was to endorse student–led prayer. Thus, the court concluded that the football prayer violated the establishment clause of the First ... Get more on HelpWriting.net ...
  • 34. The Importance Of Establishment Clause Of The First Amendment It must be understood that "the history of man is inseparable from the history of religion." Engel v.Vitale, 370 U.S. 421, 431 (1962). The Establishment of Religion Clause of the First Amendment states that Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to remain away from church against his will or force him to profess a belief of disbeliefs, for church attendance or non–attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may adopt to teach or practice religion. Neither state nor the Federal Government can openly or secretly participate in the affairs of any religious organizations or groups and vice versa. Everson v. Bd. of Educ., 330 U.S. 1 (1947). Furthermore, the Establishment Clause provides the standard by which the government and religions or religious institutions must abide, and prohibits "sponsorship, financial support, and active involvement of the sovereign religious activity." Lemon v. Kurtzman, 403 U.S. 602 (1971). The Establishment Clause was created to protect the people from the monarchy and the country in the hands of the citizens. Engel, 370 U.S. at 421. The First Amendment leaves the Government in a position not of hostility, but of neutrality. . .The philosophy is that if the government interferes in ... Get more on HelpWriting.net ...
  • 35. Prayer In Schools Essay This paper will examine the topic of prayer in school. School prayer has remained a subject of national debate in the United States. This freedom has slowly but surely been taken away from students across the country. By bringing to light the laws pertaining to prayer in schools, understanding the current situation in schools, and rewriting school policy regarding prayer, this travesty can be avoided before it grows further. The dispute over school prayer has stemmed from the government 's views on the relationship between itself and the church. Even though the national government aimed to tolerate all religions shortly after the Constitution was written, many state governments did not stand by this. Many state governments displayed favoritism towards different religions in the form of support. Therefore to further ensure that religion was independent of the government, a more precise interpretation of the first amendment was made by certain groups of people. By completely making religion and the state unconnected, the new understanding became known as the separation of church and state. This is taken out of context by many people and is only an understanding of the first amendment. Secularism, is the term used to define the separation of church and state. The antagonists argue that the total separation of church and state is extreme and that the writers of the Constitution would have allowed for more religious involvement in the schools (Whitehead, Freedom 5). For ... Get more on HelpWriting.net ...
  • 36. The Controversial Issue of Religion in Schools Essay The Controversial Issue of Religion in Schools Religion in Schools has proven to be a very controversial matter as of lately. Even though teaching about religion is allowed in public schools, there are still many questions that are being asked in order to provide a basis of what is appropriate for school, and what is inappropriate. The first amendment to the United States Constitution says that 'congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof' which implies that you have the choice of exercising your own religion, no matter what it may be. However, this poses an interesting argument within the public schools of America because we have such a diverse population with ... Show more content on Helpwriting.net ... President Dwight D. Eisenhower authorized the change so that the United States would be separated from our Soviet Union enemies who were purely Atheist. (Borja, 2002, paragraph 17.) To many people, the pledge is a constant affirmation of unity and love, and to many it is seen as just a giant cult–like prayer. The argument of the words ?under god? remaining in the pledge is an ongoing fight?one with many court cases, all of which have ruled the same. The ruling is that under god is still appropriate and need not be removed from the pledge. The argument is clear, saying that there are many people who are not ?under God? and do not believe in ?Him.? Some people believe this statement shows that our nation?s religious beliefs are all the same, when in fact they are not. In a recent case in California, a few chief justices spoke on their opinion about the pledge. Justice Rehnquist says ? Reciting the pledge, or listening to others recite it, is a patriotic exercise, not a religious one? Participants promise fidelity to our flag and our nation, not to any particular God, Faith or Church.? (Hendrie, 2004, paragraph 25). Judge O?Connor says that ?nearly any government action could be overturned as a violation of the establishment clause if a ?heckler?s veto? sufficed to show that its message was one of endorsement.? (Hendrie, 2004, paragraph 27). To many people?s surprise, it is not necessary for children to recite the pledge of allegiance at ... Get more on HelpWriting.net ...
  • 37. Religion and Prayer Must Not be Permitted in Public... Early American colonists anticipated a country full of freedoms and opportunities. As the new government was beginning to develop, the Founders took into consideration the restrictions placed on them and their fellow immigrants in their former home lands. One difficulty the colonists encountered back in Europe was the inability to practice a desired religion or not to practice one at all. Since the newly formed country was made up of people from more than one religious background, the government had to come up with a way to accommodate all of its citizens. Understanding the country's diversity, the writers of the Constitution of the United States of America included in the First Amendment the words, "Congress shall make ... Show more content on Helpwriting.net ... Since the Establishment Clause of the First Amendment protects the citizens from being influenced or offended by government sponsor ed religion, prayer in the public school system is intolerable. Accordingly, the idea of secularism was first proposed by James Madison in the religion clauses, because he wanted to avoid any sort of political influence on religious institutions (Alley 1 8). As a result of Madison's initiation of the concept of secularism, the role of religion in government institutions such as schools is now considered unconstitutional. In defiance to the Court's separation of church and state ruling, many public school districts persist to support the exercise of prayer. Numerous cases have arisen reflecting the opposing views on the role of prayer, including the 1962 precedent setting court case Engel v. Vitale. The debate occurred because the children of a New York public school district were required to recite the following lines every morning: "Almighty God, we acknowledge our dependence upon thee, and we beg t hey blessing upon us, our parents, our teachers and our country" (Sikorski xi). In response, the Supreme Court immediately reprimanded the school system by declaring the act unconstitutional and banning the prayer. The school and other advocates ar gued that the prayer was nondenominational and should ... Get more on HelpWriting.net ...
  • 38. Compare And Contrast Edwards Vs Aguillard In the late nineteen–eighties, Edwards v. Aguillard argued that a Louisiana law was against the First Amendment of the Constitution. This law prohibited public schools from teaching about evolution and the evolutionary processes unless the topic was taught alongside religious based creation theories. More specifically, this law imposed on public schools was argued to have broken the Establishment Clause of the First Amendment. This clause simply says that absolutely no law can establish or support a religion ("Establishment Clause", 2011). Many people challenged the state's law including local parents and teachers as well as men and women with religious affiliations. Ultimately, the Supreme Court found that the state's act was unlawful according to the Establishment Clause of the First Amendment due to the fact that there was no non–religious basis to the act. The creation theories are entirely based around the idea that an all–powerful god created the human race. Therefore the state is promoting this religious teaching. Although it was argued that the act was to give students more opportunities to learn, the point was made that the teachers lost the power to make decisions in his or her own classroom. Furthermore, the law inhibits the learning of children by banning the teaching of evolution unless creation is also taught in the classroom. The law ... Show more content on Helpwriting.net ... Aguillard. I agree with the verdict of this case. Louisiana's law was clearly put into place to diminish the validity behind the evolution theory. This is in clear violation of the Establishment Clause of the First Amendment. The First Amendment is fairly clear, but the Establishment Clause is even more straightforward. This clause is absolute, saying that no law can be in place supporting any establishment of religion or religion itself ("Establishment Clause", ... Get more on HelpWriting.net ...
  • 39. God In Government : Should God Be In Government? Aaron Gonzales Ms. Lopez 8th English Language Arts 14 November 2017 Should God Be In Government? God in government has been a very controversial topic. It is controversial because people argue that if god is in government what will happen to the people that don't believe in a god, but the people that believe in god can say that the government has to have something to overrule them because no one person can have all of the power. Case laws have proven that people have used their religion to prove their point by saying "in my religion it lets me drink alcohol at a young age so their for I did nothing wrong I was just practicing my religion (Founding Fathers, 2011)". Pledge of Allegiance The Pledge of Allegiance has a lot of controversy. The most controversial part of the Pledge of Allegiance and the part that people like to argue over is "one nation under god." It is controversial because it is a statement that not everyone believes that the nation is under god because their is killings that occur and a god in most religions it is a sin or it is looked down upon. For those that do not believe in religion they think that this is only going to be for the religious people so they think that there is no nation because there is no God. Some of the other arguments that people have are that the nation is not really a nation that is under God because people say where is God if we are under him where is he. Laws that have God in them Most laws today are related to the 10 Commandments. Some of the commandments that the laws are based on are "Thou shalt not kill" the law that is based on this commandment is that if someone kills they will be tried to a jury and if they are convicted guilt the will get sentenced to prison. Another law that is based on one of the ten commandments is "thou shalt not steal" if a person steals they convicted of theft and they would be tried by a jury. The reason why these are controversial because what if these commandments weren't there then they would have to came up with these laws but people argue that if that wasn't the case we would have ended up a country that was almost the exact same thing as the country we were running from the country that we would might of been like England ... Get more on HelpWriting.net ...