No direct basis or provision for religious freedoms in the Constitution Those provisions come in the amendments

(Bill of Rights) First Amendment

Establishes religious rights – Congress shall make no law establishing or prohibiting

14th Amendment Establishes restrictions on the ability of states

to impair personal rights such as religious beliefs

Everson v. Board of Education (1947) The Establishment Clause creates a wall of

separation Zorach v. Clauson (1952)– Supreme court

ruled that leaving schools for religious instruction was permissible

Lemon v. Kurtzman (1971) Program to provide supplemental salaries in

parochial schools The Lemon Test - Government action must:

Have a secular purpose Have a primary effect that neither advances or

impedes religion Avoid excessive entanglement

In addition to the Lemon Test other standards apply

Endorsement Test Government action must not have a purpose

or effect of endorsing or disapproving religion

Coercion Test Government action may not directly or

indirectly coerce an individual to profess a faith

Wisconsin v. Yoder A significant case involving free exercise, it

established parents right to practice religion outweighs state interest

The Supreme Court permitted the exemption of Amish children from compulsory attendance after completing the 8th Grade

Courts have ruled Establishment Clause – If action is

unconstitutional (establishes religion) the government must cease

Free Exercises Clause – If action impairs religious beliefs, accommodations may be required

School District of Abington Township v. Schempp (1963) Unitarian Church sued the state over a

Pennsylvania law requiring the reading of 10 Bible verses in school daily

Engel v. Vitale (1962) NY requirement to recite a non-denomination

prayer each day Supreme Court has acted to prohibit

schools from sponsoring Bible reading and prayer

Students have a right to engage in private devotional activities in public as long as they do not interfere with regular school activities (Free Exercise Clause) Wallace v. Jaffree (1985)

Only Supreme Court opinion on silent prayer Invalidated 1981 Alabama silent prayer law

under the establishment clause Justice Roberts, while council to President

Reagan in 1985, wrote an opinion in favor of it Courts have rejected challenges to the

constitutionality of laws calling for moment of silence

Borden v. School District (3rd Cir. 2008) A coach had participated in team prayers by

kneeling at pre-game dinners and “taking a knee” during prayers in the locker room.

District had informed him of policies prohibiting him from participating

The coach sued, claiming a violation of his rights Third Circuit Court ruled his actions were

unconstitutional and that objective observer would view his action as endorsing religion, particularly in light of his past encouragement of the team’s devotional activities.

The Supreme Court declined to hear an appeal

In Brown v Gilmore (2001) The 4th Circuit upheld a Virginia Statute authorizing a daily minute of silence for meditation or prayer in public schools, finding it neutral toward religion since students were not encouraged to pray.

The court allowed time for quiet reflection

Certiorari was denied by the Supreme Court

Lee v. Weisman – 1992 struck down a Rhode Island school

district’s policy that permitted principals to invite clergy members to deliver invocations at graduation ceremonies.

By a 5-4 decision the U.S. Supreme Court ruled the policy violated the establishment clause and had a coercive effect.

To pass scrutiny religious activities cannot be sponsored by the school, but by students

Has school created a forum for student expression or retained control over student’s graduation speech?

Variety of Circuit Court rulings 5th circuit upheld the practice of allowing

students to vote on whether to have prayers 3rd and 9th circuits said schools could not

delegate the decision to students Santa Fe Independent School District v.

Doe (2000) A Texas school district’s policy authorizing

student led devotions before football games was found to be in violation

Court ruled that student-led expression at a school event are not private speech

Chandler v. James (1999) Case based on the Alabama “Student-Initiated

Prayer Statute” in which the courts found that government censorship of private student religious experience is unconstitutional

Prince v. Jacoby (2002) 9th circuit The 9th Circuit ruled a school district was guilty

of viewpoint discrimination against a religious club which was not treated like other clubs

Most states (40+) have laws or policies that specify that the pledge will be recited daily, with an opt-out provision

Sherman v. Community Consolidated School District 21 (1992) West Virgina 7th Circuit case involving a challenge to

allowing the Boy Scouts to use facilities because the BSA “favored religion”

Court ruled there was no violation of the establishment clause

Elk Grove Unified School District v. Newdow (2004) & Newdow v. U.S. Congress (2002) The original case was a 9th Circuit case ruled

in favor of Newdow but reversed by Supreme Court due to lack of standing

A 9th Circuit court again ruled in favor of Newdow in the second case

Schools must have a compelling justification to deny students an exemption from a requirement that impairs their exercise of sincere religious beliefs

Florey v Soux Falls School District (1980) 8th Circuit case The historical and cultural significance of

Christmas does not advance religion. Stone v. Graham (1980)

Posting of the 10 Commandments is not permissible

Washegesic v. Bloomingdale Public Schools (1994) Portrait of baby Jesus failed all three prongs of

the Lemon Test

Schools must abide by Establishment Clause which bars public school teacher’s use of power, prestige and influence of their position to advance or promote their religious beliefs

Permission to teach Bible as history or literature has been upheld

Singling out religious views for different treatment would be unconstitutional

Widmer v. Vincent - There is no violation in allowing groups to have access to forum

Equal Access Act: 1984 revised 2008 augments the Free Speech Clause

Board of Ed. Of Westside Community School District v. Mergens rejected the idea that EAA abridges the Establishment clause because student religious groups are allowed to meet

Truth v. Kent School District (9th Cir 2008)The 9th circuit ruled that a school district in Washington state did not violate the Equal Access Act by denying recognition to a student Bible club whose charter denied full voting membership to students who did not pledge to abide by the Bible.

Lambs Chapel v. Center Moriches School District (1992) NY school district prohibited Lambs Chapel from

using facilities for free film series Supreme Court ruled denial was not

constitutional Good News Club v. Milford Central School

(2001) Group requested to use facilities for club

meetings and were denied Supreme Court ruled in favor of Good News Club

Has not been directly addressed by the Supreme Court

Tudor v. Board of Education (1953) the Federal District Court ruled against the distribution of Bibles by the Gideons in New Jersey

Meltzer v. Board of Public Instruction of Orange County (Fl.) the 5th Circuit agreed with the Tudor decision

McCollum v. Board of Education (1948) The Supreme Court struck down the practice

of using public school classrooms to provide religious training to public school students during the instructional day

Zorach v. Clauson (1952) Schools may release students to receive

religious training off of public school grounds Religious Observances

Courts have required districts to accommodate reasonable religious absences

West Virginia State Board of Education v. Barnette (1943) Students are not be required to salute the flag Courts have struck down policies requiring

students to stand during the pledge Minersville v. Gobitis (1940)

Overturned by the Supreme Court Ruled 8 to 1 that Jehovah’s Witness students

could be required to salute the flag because it did not infringe on religious liberties

Evolution (cont.) Edwards v. Aguillard (1987)

Supreme Court invalidated a Louisiana statute that mandated equal times for creation science and evolution

Brown v. Woodward (1994) Parents claimed Impression series

promoted witchcraft 9th Circuit court ruled that reading

about a religion is not a violation

Pierce v. Society of Sisters (1925) Supreme Court ruled that private schools had a

constitutional right to exist and parents had the right to select private education for their children

Financial Support for Student Services Zobrest v Catalina Foothills Academy (1993)

Supreme Court ruled the Establishment Clause was not violated when sign language interpreters were provided in private schools using public funds

Mitchell v. Helms (2000) Supreme Court ruled that Chapter II funds may be

used for instructional materials in religious schools

In Mitchell v. Helms ruling the Court established that religious indoctrination could not be attributed to the government when aid: Is distributed based on secular criteria Is allocated in a non discriminatory

manner Flows to religious schools only because

of private choices by parents.

Mueller v. Allen (1983) – Tax Relief Supreme Court upheld a Minnesota tax benefit

program allowing parents of public or private school students to claim a limited state income tax deduction for tuition, transportation and books

Zellman v. Simmons Harris (2002) - Vouchers Supreme Court ruled that the Ohio Voucher plan that

gives school choices to disadvantaged families was constitutional

Mueller and Zellman were both split decisions Some state courts have ruled otherwise for

now - Owens v. Colorado Congress of Parents