AND SO THIS IS CHRISTMAS? When and How to Permit, Avoid and Accommodate the Celebration of Religious Beliefs December 4, 2013 39 Offices in 19 Countries
Today s Presenters Daniel A. Jaffe Of Counsel, Squire Sanders T +1 216 479 8304 daniel.jaffe@squiresanders.com David J. Millstone Senior Partner, Squire Sanders T +1 216 479 8574 david.millstone@squiresanders.com 2
The United States Constitution First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. 3
Section 1.07 Ohio Constitution All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship, against his consent; and no preference shall be given, by law, to any religious society; nor shall any interference with the rights of conscience be permitted.... 4
Basic Rule A teacher can teach about religion, but cannot teach religion or engage in any acts that can be seen as favoring one religion over another or favoring religion over non-religion. 5
Joy to the World 6 The music teacher comes to you and says she wants to include two Christmas carols in the winter concert Silent Night and Hark the Herald Angels Sing. Do you approve or not? Yes No Only if they balance the program with other celebratory songs from other religions Don t know Call your attorney
Poll Do you approve or not? Yes No Balance with other religions Don t know Call your attorney 7
Religious Music in Winter Concert Religious music can be included in a winter concert as long as they are part of a secular program. It would be improper if religious music dominated the program. 8
Oh Christmas Tree, my Christmas Tree Your first grade teacher brings a Christmas tree into her classroom and sets it up right after Thanksgiving break. What do you do? Tell her to remove it Add your present to those under the tree Call your attorney Call in sick 9
Poll What do you do? Tell her to remove it Put your presents under it Call your attorney Call in sick 10
Religious Symbols in Schools Religious symbols may be used in schools to teach about religion provided the symbols are displayed as examples of the cultural and religious heritage of the holiday, and are temporary in nature. A Christmas tree has been found to be a secular symbol when displayed by a public body other than school. No Supreme Court decision has dealt with the issue in schools. 11
We Pray for his Recovery The popular gym teacher in the Middle School is in a serious accident and at the student assembly the next day, the principal leads the students in a prayer to Our Savior for a quick recovery. 12 Is it permissible? Yes No Don t know Call your attorney We were going to non-renew the gym teacher at the end of the school year anyway
Poll Is it permissible? Yes No Don t know Call your attorney Weren t going to renew anyway 13
Prayer in School Prayer led by the principal is impermissible. 14
In the Beginning Your middle school science teacher tells students the Big Bang Theory is only a theory and no one was there to witness it. The Bible is the only truth as there were witnesses and is much more believable on how the earth was created. 15
In the Beginning A parent complains, what do you do? Warn the teacher that his act violates the Establishment Clause and is not permissible Tell the parent the teacher has academic freedom to teach how he wants Tell the parent this a controversial subject and Board Policy urges teaching controversial issues Call your attorney 16
Poll A parent complains, what do you do? Violation of Establishment Clause Academic freedom Board urges controversial issues Call your attorney 17
No Guidance from the Ohio Supreme Court Teaching about religion is okay, but endorsing a religious point of view is not. 18
My Inspiration A Muslim teacher keeps the Koran on her desk and when you question her about it s presence, she says it s her inspiration. 19 Do you permit her to keep it on her desk while students are in class? Yes No Only if it s inconspicuous Maybe, depends Don t know Call your attorney
Poll Do you permit her to keep it on her desk while students are in class? Yes No Only if it s inconspicuous Maybe, depends Don t know Call your attorney 20
Maybe Ohio Supreme Court says it is okay for teachers to have their personal bible (or Koran) on their desk if the desk is private and the bible is inconspicuous. 21
22 Questions?
Future Webinars in This Series How Are We Going to Pay for That? Raising school district funds: Help for the needy, options for the greedy, and traps for unwary. Wednesday, January 8, 2014 The Immortal Words of Donald Trump Nonrenewals in the era of OTES. Are you ready Wednesday, February 5, 2014 Wuz Op? Ohio s New Special Education Operating Standards. What you need to know today. Wednesday, March 5, 2014 23
Thank you Contact us with any questions or issues: Dan Jaffe: daniel.jaffe@squiresanders.com David Millstone: david.millstone@squiresanders.com 24