First Amendment Rights -- Defining the Essential Terms

Similar documents
Florida Constitution Revision Commission The Capitol 400 S. Monroe Street Tallahassee, FL Re: Vote No on Proposals Amending Art.

In Brief: Supreme Court Revisits Legislative Prayer in Town of Greece v. Galloway

Religious Freedom Policy

Navigating Religious Rights of Teachers and Students: Establishment, Accommodation, Neutrality, or Hostility?

McCollum v. Board of Education (1948) Champaign Board of Education offered voluntary religious education classes for public school students from

Establishment of Religion

Sejong Academy Religion Policy Page 1 of 9 RELIGION POLICY I. GENERAL STATEMENT OF POLICY

An Update on Religion and Public Schools. Outline

RELIGION IN THE SCHOOLS

New Federal Initiatives Project

Religious Freedoms in Public Schools

SC COSA Fall Legal Summit August 26, 2016 Thomas K. Barlow, Esq. Childs & Halligan, P.A.

Arkansas Better Chance for School Success Programs Religious Activities Frequently Asked Questions

SUPREME COURT OF THE UNITED STATES

This statement is designed to prevent the abridgement of anyone's freedom of worship.

Case 1:18-cv Document 1 Filed 10/06/18 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

December 24, Richard W. Stanek Hennepin County Sheriff 350 South 5 th Street, Room 6 Minneapolis, Minnesota Dear Sheriff Stanek:

Removal of God Bless the USA From P.S. 90 Graduation Ceremony

SUPREME COURT OF THE UNITED STATES

Case 6:15-cv JA-DCI Document 97 Filed 04/18/17 Page 1 of 1 PageID 4760

1) What does freedom of religion mean? 2) What could we not do in the name of religion? 3) What is meant by separation of church and state?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the

September 24, Jeff James Superintendent N First Street Albemarle, NC RE: Constitutional Violation. Dear Mr.

Perception and Practice: The Wall of Separation in the Public School Classroom. Patricia A. Tinkey Ed.D.

MEMORANDUM ON STUDENT RELIGIOUS SPEECH AT ATHLETIC EVENTS. The Foundation for Moral Law One Dexter Avenue Montgomery, AL (334)

Religious Freedom & The Roberts Court

Teacher Case Summary Lee v. Weisman (1992) School Graduation Prayer

THE LATEST WORD ON PRAYER AT MEETINGS

Where Do You Stand: Critical Conversations about Religion in Public Schools

C. Howard, Chisum, et al. ORGANIZATION bill analysis 4/30/2007 (CSHB 3678 by B. Cook)

Religion in Public Schools Testing the First Amendment

June 13, RE: Unconstitutional Censorship of Moriah Bridges. Dr. Rowe and School Board:

Greece v. Galloway: Why We Should Care About Legislative Prayer

LOS ANGELES UNIFIED SCHOOL DISTRICT Policy Bulletin

October 3, Humble Independent School District Eastway Village Drive Humble, TX 77338

A study of the religious orientation of public school districts located in the Bible Belt of the United States

SUPREME COURT OF THE UNITED STATES

September 22, d 15, 92 S. Ct (1972), of the Old Order Amish religion and the Conservative Amish Mennonite Church.

Brest, Levinson, Balkin and Amar, Processes of Constitutional Decisionmaking, 4 th ed., 2000.

Chapter 6: EDUCATIONAL PROGRAM 6106 Section 2: PROGRAMS OF INSTRUCTION. Teaching About Religions

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the

GAUTENG DEPARTMENT OF EDUCATION. Policy on Religion at Parkview Junior School

Church, State and the Supreme Court: Current Controversy

JULY 2004 LAW REVIEW RELIGIOUS MESSAGE EXCLUDED FROM CHRISTMAS DISPLAYS IN PARK. James C. Kozlowski, J.D., Ph.D James C.

December 20, RE: Unconstitutional ban on employee Christmas decorations deemed religious

SUPREME COURT OF THE UNITED STATES

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA COMPLAINT. I. Preliminary Statement

Free exercise: 3 Major Problems

Affirmed by published opinion. Associate Justice O Connor wrote the opinion, in which Judge Motz and Judge Shedd joined.

TRINITY LUTHERAN CHURCH V. COMER: AN UNFORTUNATE NEW ANTI-DISCRIMINATION PRINCIPLE. Edward Correia *

TOWN COUNCIL STAFF REPORT

A FIRST A MENDMENT G UIDE

Id. at The Court concluded by stating that

BOARD OF EDUCATION V. ALLEN 392 U.S. 236; 20 L. Ed. 2d 1060; 88 S. Ct (1968)

NATIONAL COUNCIL ON BIBLE CURRICULUM IN PUBLIC SCHOOLS Post Office Box 9743 Greensboro, NC 27429

Case: Document: Page: 1 04/03/ August Term, (Argued: November 19, 2012 Decided: April 3, 2014)

RELIGIOUS LIBERTIES I, PLAINTIFF: A CHAT WITH JOSHUA DAVEY CONDUCTED BY SUSANNA DOKUPIL ON MAY 21, E n g a g e Volume 5, Issue 2

EMPLOYEE RELIGIOUS EXPRESSION AT WORK

Representative Nino Vitale

MEMORANDUM. Teacher/Administrator Rights & Responsibilities

THE RUTHERFORD INSTITUTE

BOW YOUR HEADS Purpose: Procedure:

NYCLU testimony on NYC Council Resolution 1155 (2011)] Testimony of Donna Lieberman. regarding

Case 4:16-cv SMR-CFB Document 27 Filed 08/08/16 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION

CITY OF UMATILLA AGENDA ITEM STAFF REPORT

FACT CHECK: Keeping Governor Tim Kaine Honest About Virginia s Chaplain-Gate. Quote Analysis by Chaplain Klingenschmitt,

Instructions. 4. Assume that there are no procedural issues in the case or the decisions below.

AN AMERICAN PERSPECTIVE

In The Supreme Court of the United States

HISTORY & GEOGRAPHY STUDENT BOOK. 12th Grade Unit 5

June 5, Ralph Hobratschk President, Board of Trustees Friendswood ISD 302 Laurel Dr. Friendswood, TX Fax: (281)

Secular Coalition for America Mission and Purpose

RESOLUTION NO

July 23, 2010 SENT VIA U.S. MAIL AND FAX (423)

Supreme Court of the United States

Supreme Court of the United States

RELIGIOUS EXPRESSION AT CHRISTMASTIME: GUIDELINES OF THE CATHOLIC LEAGUE

Supreme Court of the United States

March 25, SENT VIA U.S. MAIL & to

Genesis and Analysis of "Integrated Auxiliary" Regulation

RELIGIOUS AND CULTURAL DAYS OF SIGNIFICANCE IN SCHOOLS

FAITH BEFORE THE COURT: THE AMISH AND EDUCATION. Jacob Koniak

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

QUESTIONS PRESENTED. The petition for a writ of certiorari before judgment presents the same issues that

Equality Policy: Equality and Diversity for Pupils

ACT ON CHURCHES AND RELIGIOUS COMMUNITIES ("Official Gazette of the Republic of Serbia", no. 36/06)

In the Supreme Court of the United States

February 3, Lori Simon Executive Director of Academics. RE: Unconstitutional Fieldtrip to Calvary Lutheran Church

COMMONWEALTH OF MASSACHUSETTS SUPREME JUDICIAL COURT. No. SJC-12274

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION

Good morning, and welcome to America s Fabric, a radio program to. encourage love of America. I m your host for America s Fabric, John McElroy.

RELIGION IN THE PUBLIC SCHOOLS

SUPREME COURT OF THE UNITED STATES

No In The Supreme Court of the United States. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

REQUESTS FOR RELIGIOUS ACCOMODATION 2014

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

Engel v. Vitale Preventing an official religion

SUPREME COURT OF THE UNITED STATES

Law of the Russian Soviet Federative Socialist Republic on Freedom of Worship (25/10/1990)

Veritas Evangelical Seminary

Transcription:

Religion in Public School Classrooms, Hallways, Schoolyards and Websites: From 1967 to 2017 and Beyond Panelists: Randall G. Bennett, Deputy Executive Director & General Counsel Tennessee School Boards Association Charles C. Haynes, Vice President NEWSEUM INSTITUTE Religious Freedom Center Jay Worona Deputy Executive Director & General Counsel New York State School Boards Association First Amendment Rights -- Defining the Essential Terms The Establishment Clause of the First Amendment to the United States Constitution provides that Congress shall make no law respecting an establishment of religion. (U.S. Const. Amend. I.) The Free Exercise Clause of the First Amendment to the United States Constitution provides that Congress shall make no law... prohibiting the free exercise thereof. (U.S. Const. Amend. I.) p. 1 1

Aid to Parochial Schools The Supreme Court has determined that it is constitutionally permissible to provide government benefits directly to the students and/or their parents, but that the Establishment Clause prohibits the direct grant of government benefits to the parochial school institution. (See footnote 1 p. 2-3) Aid to Parochial Schools In Mitchell v. Helms, the Supreme Court, in explicitly reversing decades of prior decisions, ruled constitutional the use of federal block grant monies under Chapter 2 of Title I of the ESEA to purchase and loan to computer hardware and software to sectarian schools. The Court reasoned that only governmental aid to religious schools that results in religious indoctrination can be reasonably attributed to governmental action. (p.3) 2

Vouchers In Zelman v. Simmons-Harris, in a five to four emotionally charged decision, the United States Supreme Court ruled constitutional Cleveland s school voucher program concluding that Cleveland s voucher plan was a program of true private choice and as such was not a governmentally supported program of support for religion. (p.3-5) Income Tax Credits Winn v. Arizona Christian School Tuition Organization, By a 5-4 vote, the United States Supreme Court upheld an Arizona law which granted income tax credits to taxpayers who made contributions to nonprofit organizations called school tuition organizations (STOs) that, in turn, awarded private school scholarships to children. The Court ruled that that there was no individual standing to bring a taxpayer action under Article III because there was no injury to the individual taxpayers that allowed a challenge to government taxing scheme since, there was no particular injury by means of the taxing and spending power of the government through its treasury to a sectarian entity. A tax credit, in the view of the majority, is akin to the government declining to impose a tax. (p.5-6) 3

State Constitutional Church/State Provisions In a 7-2 decision, the United States Supreme Court in Locke v. Davey, upheld a Washington State law which specifically prohibits the use of state scholarship funds from being provided to individuals who wish to pursue a degree in theology. The Court chose not to answer the question of whether that state s broader constitutional prohibition of funding any institution under the direct control of a religious denomination was constitutional. (p.5) The Supremes to Weigh In. On January 15 th, the U.S. Supreme Court agreed to hear the case of Trinity Lutheran Church of Columbia, Inc. v. Pauley, in which two lower federal courts upheld the State of Missouri s exclusion of a church from a state program that provided grants to help non-profits buy rubber playground surfaces. The Church argued that the state s actions discriminated against religious institutions in violation both the Free Exercise and Equal Protection Clauses. In ruling for the State, the lower courts relied upon the Supreme Court s previous decision in Locke v. Davey. The church has countered that Locke reflected a unique historical concernstate funding for the religious training of clergy-rather than the identity of those who were using the money. 4

Prayer In Public Schools The United States Supreme Court has ruled repeatedly that the principles of the separation of church and state embodied in the Establishment Clause of the First Amendment prohibit school-sponsored prayers and religious exercises, even when the prayer is nondenominational and participation is voluntary. Prayer During Public School Board Meetings In Town of Greece, NY. v. Galloway, although not a school case, the U.S. Supreme Court rejected the argument that a town governmental body which began its meetings with a prayer should have ensured such prayers were nonsectarian and include references only to a generic God as well as not be identifiable with any one religion because government may not seek to define permissible categories of religious speech. (p.17) 5

Devotional Activities in Public Schools Engle v. Vitale (p.7) The U.S. Supreme Court rules unconstitutional a New York statute calling for non-denominational prayer in public schools prepared by the New York State Board of Regents. Devotional Activities in Public Schools Florey v. Sioux Falls (p.7), a federal appeals court ruled the Establishment Clause is not violated by a school's observance of holidays which have both a religious and a secular basis through programs containing music, art, literature and drama having religious themes and by the temporary display of religious symbols.. 6

Moments Of Silence In Wallace v. Jaffree, the United States Supreme Court held that an Alabama statute which authorized a one-minute period of silence in public schools for meditation or voluntary prayer was unconstitutional. (p.8) Benedictions, Invocations and Student Led Prayer The Supreme Court in Lee v. Weisman held that benedictions and invocations by a member of the clergy at a public school graduation ceremony violated the Establishment Clause of the First Amendment, despite the fact that students were not compelled to attend graduation ceremonies. (p.7) 7

Santa Fe Independent School District v. Doe In Santa Fe Independent School District v. Doe, the U.S. Supreme Court held unconstitutional, a public school prayer policy permitting student-led prayer at football games. The Court explicitly rejected the school district s argument that the policy did not create governmentally supported religious speech because such speech was really private student speech which was not controlled by the district. (p.11) Question After Santa Fe v. Doe, may or must school districts control the content of student speech at graduation ceremonies so as to avoid speech which might be proselytizing in nature? 8

Use of School Facilities By Outside Religious Groups In more recent times, litigation has been commenced by outside religious groups who have claimed that certain school districts unconstitutionally precluded them from accessing district facilities for the purpose of holding religious services or religious instruction. Religious Use of School Facilities By Outside Groups In Lamb s Chapel v. Center Moriches Union Free School District, the Supreme Court held that a school district could not discriminate on the basis of viewpoint by permitting school property to be used for the presentation of all views concerning family issues and child rearing except those dealing with the subject matter from a religious standpoint. (p.22) 9

Religious Use of School Facilities By Outside Groups In Good News Club v. Milford Central School, the United States Supreme Court in a 6-3 decision held that a school district violated the constitutional rights of a Christian youth organization when it refused to allow the group to conduct religious instruction and prayer in a public elementary schoolhouse after school hours. (p.22-23) Religious Use of School Facilities By Outside Groups Issue Presented after Good News Club: Must a school district which permits its premises to be utilized for certain nonschool-related purposes, permit its facilities to be utilized by an outside religious group for purposes of conducting religious worship services? 10

Religious Use of School Facilities By Outside Groups In Bronx Household of Faith v. Board of Educ. of the City of New York, the Second Circuit ruled that school districts are not required to permit outside church groups from utilizing school district premises on Sundays to hold religious worship services. The court ruled that the Free Exercise Clause provide protections but that it does not require government to finance a subject s exercise of religion and, that in this case, there was no evidence that the regulation was motivated by hostility toward religion. A school board that makes a reasonable, good faith judgment that it runs a substantial risk of incurring a violation of the Establishment Clause by hosting and subsidizing the conduct of religious worship services does not act unconstitutionally in disallowing such use. (p.23-24). Responding to Requests for Religious Accomdations Since students are not precluded from privately engaging in religious expression, what are a school district s obligations and/or entitlements in this area? Are making accommodations required? Are making accommodations permitted? 11

Responding to Requests for Religious Accommodations Generally, school districts must determine whether making religious accommodations will enable them to still fulfill their responsibilities to provide children making such requests with meaningful educational opportunities consistent with state and federal law and whether making the accommodations comport with separation of church-state principles. Responding to Requests for Religious Accommodations School districts must also ensure that all students seeking religious accommodations are treated fairly and consistently. Case law regarding religious accommodations in school, in general, is sparse and contradictory. 12

Requests to be Excused from Compulsory Attendance RARE EXCEPTIONS: In Yoder v. Wisconsin, the U.S. Supreme Court ruled that a state could not enforce it s compulsory education attendance laws to require Amish children to attend school past the eighth grade since the enforcement in this case would have destroyed their ability to practice their faith. Requests by Parents to have Textbooks Removed from the Curriculum Smith v. Board of School Commissioners of Mobile County (p.13), a federal appeals court reversed a decision of a lower court which had ordered Alabama's public schools to remove 44 history, social studies and home economics textbooks for use in Alabama's public schools because the Court found such books to teach the religion of "secular humanism (p. 20). 13

Requests by Parents to have Textbooks Removed from the Curriculum On appeal, the Court noted that some of the material in the contested books may in fact be offensive to the religion of those bringing the lawsuit, but if school districts are precluded from including material in books that is offensive to any particular religious belief, "there would be very little that could be taught in the public schools." Requests by Parents to have Textbooks Removed from the Curriculum In Mozert v. Hawkins County Board of Education, a federal appeals court reversed a lower court s decision which had ordered a school district to allow children who had religious objections to a certain basal reading series to be excused from, or "opt-out" of reading class whenever any of these books were taught. The Court reasoned that the right to practice one's religion is not burdened simply by mandating one to be exposed to ideas with which one disagrees. (p. 20) 14

Curriculum Accommodations Consider making accommodations to the curriculum when requests do not pertain to core parts of the curriculum like sex education, and the religious celebrations of others. Question What do districts do about parental complaints relating to district curricula which teaches students about the religion of Islam or any other religion, for that matter? 15

Responding to Requests for Religious Accommodations Recently, districts have been facing a series of religious accommodation requests from members of the Muslim community in the areas affecting: o Dietary Requirements o Clothing o Gender Relations o Curricular Activities o Physical Education o Art Class Music Class Sex Education Muslim Holidays Pilgrimage Fasting Daily Prayer Responding to Requests for Religious Accommodations According to the U.S. State Department, Islam is one of the fastest-growing religions in the United States. America's Muslim population is the country's second-largest faith following Christianity. As the number of Muslim students grows, the frequency of requests for religious accommodation can be expected to rise. Case law addressing requests by Muslim students appears to be nonexistent. 16

Responding to Requests for Religious Accommodations Determining whether an accommodation is permitted or required will often be unclear. The U.S. Supreme Court case law relevant to granting or denying a religious accommodation will differ depending on what type of accommodation is sought. Generally, however, if a district refuses to provide an accommodation such as permitting students to wear religious garb based upon the district s dress code policy, courts will determine whether the district could have met its goal by some less onerous means. Responding to Requests for Religious Accommodations Although district refusals to provide religious accommodations may not be illegal, such refusals may, nevertheless, be public relations nightmares. 17

Responding to Requests for Religious Accommodations With respect to requested accommodations pertaining to core curricular activities, schools are not required to permit students to absent themselves from those portions of the curriculum that are contrary to their religious teachings BUT parents might be more likely to win if the class involves doing something that violates the student s religion rather than just being exposed to ideas contrary to the student s religious beliefs. Responding to Requests for Religious Accommodations What should districts do about religious holidays? May/should districts permit students (particularly Muslims) to have a space within the school building to pray during certain times of the day? 18

Responding to Requests for Religious Accommodations School districts should take proactive steps to make sure minority religious students are safe at school and not bullied or harassed. Such steps might include encouraging students to learn about each other s religious or philosophical views, ensuring bullying and harassing policies adequately address religion, and actively enforcing such policies. Religion in Public School Classrooms, Hallways, Schoolyards and Websites: From 1967 to 2017 and Beyond Panelists: Randall G. Bennett, Deputy Executive Director & General Counsel Tennessee School Boards Association Charles C. Haynes, Vice President NEWSEUM INSTITUTE Religious Freedom Center Jay Worona Deputy Executive Director & General Counsel New York State School Boards Association 19