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The Beginning
The first publicly supported schools in America were established due to religious motives in 1647, when Massachusetts legislature enacted the famous "old Deluder Satan" Act. Students attended school to read and learn the Bible and escape Satan's grasp. -
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Religion's Progression in Education
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The First Amendment
"Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof..." -
"One Nation Under God"
The Supreme Court made it clear in 1943 in Est Virginia vs. Barnette that students may not be required to salute the flag. If state law requires a daily flag salute, however, teachers must make some provision that will take place. Students may not disrupt the pledge but can remain in the room. They may not be required to stand or leave the room. -
Emerson vs. Board of Education
The first major establishment clause decision, wherein the Court held that the government cannot aid any one religion or even all religions, but instead must by neutral toward religion. "A wall of seperation between church and state." -
Religious Instruction
In the past, schools have often set aside time in school, during school hours, for religious instruction. This practice was declared unconstitutional in 1948, leading to "release-time". This is when the instruction takes place off school grounds. -
School Sponsored Prayer
In the early 1960's the Supreme Court declared that school-sponsored prayer and/or Bible reading violated the establishment clause. The Sixth Circuit Court held unconstitutional the practice of opening school board meetings with a prayer. -
Evolution Theory
Supreme Court srtuck down an Arkansas eantievolution statute under the establishment clause, holding that evolution theory is a science and a state cannot restrict such teaching in favor of a religious preference. -
Lemon vs. Kurtzman
The Supreme Court announced a three-part test to evaluate establishment clause claims. The government action must:
1. Have a secular purpose
2. Have a primary effect that neither advances nor impedes religion
3. Avoid excessive entanglement of government with religion. This three part test was used consistently until 1992. -
Wisconsin vs. Yoder
A case involving a free exercise claim involving the Amish where the Court exempted the children fomr school attendance after successful completion of eighth grade. -
Voluntary Prayer
The Supreme Court struck down an Alabama law in 1985 that inserted the phrase "or voluntary prayer" into an exsisting statute that authorized a period of silent meditation. The insertion indicated an intent to encourage students to pray. -
Ten Commandments
In 1985, Supreme Court delcared Kentucky law unconstitutional that required the posting of the ten commandments in public school classrooms. -
Sex Education
Students may secure exemption on religious grounds from sex education, drug education, coeducational physical education, dancing, and officers training programs. The burden of proof is on the parents to show that their sincerely held religious beliefs would be violated by the curriculum. In one of the most famous cases the parent was unsuccessful in his attempt to have his child removed from reading a basal reading series in the elementary school district in 1987. -
Noninstructional Time Today
Today, schools cannot sponsor religous programs, students may form prayer groups and meet during noninstructional times to pray or read the bible or other religious works. -
Teaching "about" Religion Today
Today, the Supreme Court upholds the use of the Bible and other religious materials to teach about religion and its role in history and culture, but not to promote religion. -
Graduation Prayer
in Lee vs. Weisman, such a policy as inviting clergy to deliver invocations at graduation ceremonies in Rhode Island school distict was declared unconstitutional by the Court as a violation if the establishment clause. Though attendance was voluntary the Court considered that studnets would feel coervice peer pressure to attend such an important school-sponsored event.
