
No direct basis or provision for religious
freedoms in the Constitution


First Amendment


Those provisions come in the amendments (Bill of
Rights)
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)


Engel v. Vitale (1962)


Unitarian Church sued the state over a Pennsylvania
law requiring the reading of 10 Bible verses in school
daily
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)

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
Stone v. Graham (1980)


8th Circuit case
The historical and cultural significance of Christmas
does not advance religion.
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)


Zorach v. Clauson (1952)


The Supreme Court struck down the practice of
using public school classrooms to provide religious
training to public school students during the
instructional day
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


Zellman v. Simmons Harris (2002) - Vouchers



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
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