|
Home » Legal » High School Civil Liberties Project » Religious Liberty
Student Rights RELIGIOUS LIBERTY What is religious liberty? The First Amendment to the Constitution guarantees religious liberty in the United States. Religious liberty means the ability for persons to worship (or not worship) according to their own personal beliefs. The government may not force a particular religious practice upon those who do not share that viewpoint and may not ban any form of religious expression. Because the government remains neutral, an individual has the capacity (“liberty”) to make their own decisions about when and how to express their religious beliefs. The result is that the United States is the most religiously diverse and among the most religiously observant in the world. There are more than 360,000 churches, mosques and synagogues in America today. Why should students and parents be concerned about respect for religious liberty in public schools? Because public schools are bodies of government, the Constitution requires that all school officials—teachers, administrators and other school personnel—protect the religious rights of students while they are in school. Moreover, it is critical that public officials protect the rights of parents to make all decisions about when and how students engage in religious activities. Deciding about religious education and indoctrination is one of the most important aspects of parenting, and may not be infringed upon by school officials. Can a student pray in a public school? Individual students may pray on their own or in groups during appropriate times in the school day. There are more than 10,000 religious or Bible-study clubs active in public schools across the nation. If student prayers create a distraction or force another student to listen or participate, the prayer violates the U.S. Constitution. If, however, the prayer includes willing participants in a private setting, it is considered to be legal religious expression. May a public school official teach a lesson about religion or pray in school? A teacher may teach a lesson about a religion and its history, but such a lesson should focus on particular historical and cultural facts. Most importantly, class discussions and lessons regarding religious traditions must not promote a particular religion or religious viewpoint. During such a discussion, teachers and school officials may not endorse, encourage or proselytize (an attempt to convert someone) about a particular religious tradition or religious denomination. A teacher may not pray during class or engage in do any other kind of religious activity during the school day. Can creationism be taught in a public school? No. Creationism has no scientific basis and represents an explicit promotion of the Judeo-Christian theory of the creation of man. Any teaching of creationism, therefore, violates the religious liberty of students. Creationism may be discussed in a social studies class, but may not be presented as scientific fact. Are religious clubs allowed? If a school allows any kind of non-curricular club to meet on school grounds, then it must allow a religious club to use the facilities as well. Teachers and administrative officials must stay out of club activities, except for monitoring for acceptable behavior of all students. During graduation can a clergy member or student lead a prayer? No. The U.S. Supreme Court has explicitly banned prayer at graduation services and at other schools events by teachers, administrators and students where it is clear that the prayer is endorsed or supported by school officials. Examples of endorsement include the use of a public address system or the specific scheduling of time for a prayer. Landmark cases you should know: McCollum vs. Board of Education - 1948 The Supreme Court found religious instruction in public schools a violation of the establishment clause and therefore unconstitutional Engel vs. Vitale - 1962 The Supreme Court decided that a public school official may not require a prayer to be said during the school day. They held that such a requirement violated the Establishment Clause of the U.S. Constitution. Edward vs. Aguilard - 1987 The Supreme Court held, once again, that the teaching of creationism, or "creation science," as it is now called, is a direct violation of the Establishment Clause and can only be used to further a religious doctrine. Lees vs. Weisman - 1992 The Supreme Court decided in a 6-3 vote that school officials may not invite clergy to deliver a prayer at graduation. They stated that this action violated the religious liberty of students on a day that is so important in their lives. Santa Fe Independent School District vs. Doe - 2000 The Supreme Court ruled that student-led prayers at public school football games violate the Establishment Clause of the First Amendment |
|
