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Unit 6: Individual Rights and Liberties
That Old Time Religion
Introduction
Congress shall make no law respecting
an establishment of religion, or prohibiting the free
exercise thereof . . .
—Amendment I to the U.S. Constitution |
I contemplate with sovereign reverence
that act of the whole American people which declared
that their legislature should "make no law respecting
an establishment of religion, or prohibiting the free
exercise thereof," thus building a wall of separation
between Church & State.
—Thomas Jefferson's letter
to the Danbury Baptists, January 1, 1802 |
Thomas Jefferson said that the First Amendment
to the U.S. Constitution built a "wall of separation" between
this country's religious institutions and its government.
How high do you think that wall should be?
This lesson will help you to investigate
the Supreme Court rulings regarding religion in the public
schools. If you do not already have an opinion on this controversial
topic, you will be able to formulate one after this lesson.
Directions
The lesson has four steps. First, you will read a statement
about the state of religion in public schools today. Second,
you will link to various Web sites to research how different
religious groups view the issue of religion in the public
schools. Third, you will read summaries of several Supreme
Court decisions regarding this controversial issue. Finally,
you will clarify your own opinion.
STEP 1:
Read Religion
In The Public Schools: A Joint Statement Of Current Law.
This is a statement created by 38 religious organizations,
all of whom agree that this was an accurate summary of law
in 1995 (although they do not all agree that this is the way
the law SHOULD be). Keep in mind that this document, written
in 1995, is slightly out of date. Some issues that are described
as undecided have since been clarified by the Supreme Court.
You will identify some of these issues later in this lesson.
Write down three policies in the Joint
Statement with which you either agree or disagree.
STEP 2:
Below are links to several religious and political groups
that have dedicated sections of their Web sites to the topic
of religion in public schools. Click on groups that represent
a variety of viewpoints and discover how they think the issue
of religion in public schools should be handled.
** Please note: The absence of a particular
religious group only indicates that the Web sites representing
that group did not have a specific section dedicated to religion
in public schools. Keep in mind that for some religious and
political groups, this issue is more in the forefront than
for others. This lesson does not intend to show favoritism
to specific groups.
STEP 3:
There have been several landmark Supreme Court cases that
have defined how religion may enter the realm of the public
schools. Read the summaries below and click on the links of
the ones that interest you. Your teacher will tell you how
many cases to read. As you read each decision, summarize it
in your own words and then explain whether you agree or disagree
with the Court.
Good
News Club v. Milford Central School (2001)
Milford Central School excluded the Good News Club (a private
Christian club for children) from meeting after hours at
the school because it was concerned that permitting the
Club's activities would violate the Establishment Clause
of the First Amendment. Was this prohibition a violation
of the free exercise clause?
Santa
Fe Independent School District v. Doe (2000)
Does the Santa Fe Independent School District's policy permitting
student-led, student-initiated prayer at football games
violate the Establishment Clause of the First Amendment?
Rosenberger
v. University of Virginia (1995)
Did the University of Virginia violate the First Amendment
rights of its Christian magazine staff by denying them the
same funding resources that it made available to secular
student-run magazines?
Board
of Education Kiryas Joel Village School v. Grumet
(1994)
In 1989, the New York legislature passed a law to redraw
the boundaries for school districts in the state. In doing
so, it intentionally drew its boundaries to keep together
the Village of Kiryas Joel, a religious enclave of Satmar
Hasidim who practice a strict form of Judaism. Did the 1989
statute violate the First Amendment's Establishment Clause?
Lamb's
Chapel v. Center Moriches School District
(1993)
Did the District violate the First Amendment's freedom of
speech when it denied Lamb's Chapel the use of school premises
to show religious-oriented films?
Lee
v. Weisman (1992)
Does the inclusion of clergy who offer prayers at official
public school ceremonies violate the Establishment Clause
of the First Amendment?
Edwards
v. Aguillard (1987)
Did a Louisiana law, which mandated the teaching of "creation
science" along with the theory of evolution, violate the
Establishment Clause of the First Amendment as applied to
the states through the Fourteenth Amendment?
Wallace
v. Jaffree (1985)
Did an Alabama law authorizing teachers to conduct regular
religious prayer services and activities in school classrooms
during the school day violate the Establishment Clause of
the First Amendment?
Stone
v. Graham (1980)
Did the Kentucky state law that required the posting of
a copy of the Ten Commandments in each public school classroom
violate the Establishment Clause of the First Amendment?
Abington
Township v. Schempp (1963)
Did the Pennsylvania law and Abington's policy, requiring
public school students to participate in classroom religious
exercises, violate the religious freedom of students as
protected by the First and Fourteenth Amendments?
Engel
v. Vitale (1962)
Does the reading of a nondenominational prayer at the start
of the school day violate the Establishment Clause of the
First Amendment?
STEP 4:
Now it is time for you to decide what you think about one
of the issues regarding religion in public schools. Choose
one of the Supreme Court cases you summarized and expressed
your opinion about in Step 3. Write an editorial for the newspaper
as if the decision had just been handed down the previous
day. Briefly explain the facts of the case, the decision,
and why you agree or disagree with the decision. Regardless
of the position you take, you must support your opinion in
your editorial. Hand in your editorial to your teacher.
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