Chapter 2
Religion and the Public
Schools
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The First Amendment serves as the basis
for delineating certain individual religious
rights and freedoms, as well as
governmental prohibitions regarding
religion.
The First Amendment to the United States
Constitution states:
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“Congress shall make no laws respecting
an establishment of religion or prohibiting
the free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble
and to petition the government for a
redress of grievances.”
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While the initial intent of the First
Amendment prohibited Congress from
making laws supporting religion or
prohibiting the rights of individuals to
exercise their religious rights, the United
States Supreme Court, in a compelling
decision, Cantwell v. Connecticut, held
that this prohibition aimed at Congress
also applied to the States as well.
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The First Amendment contains two
essential clauses regarding religion--the
establishment clause and the free exercise
clause.
The establishment clause prohibits the
state from passing laws that aid a religion
or show preference of one religion over
another.
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The free exercise clause prohibits the
state from interfering with individual
religious freedoms.
The combined effect of these two clauses
compels public schools as state agencies
to maintain a neutral position regarding
religious matters in their daily operations.
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The U.S. Supreme Court held in the
Schempp and Murray cases that school
speech and Bible reading is
unconstitutional.
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Silent Prayer and Meditation
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The United States Supreme Court, in
1985, responded to silent meditation and
prayer by ruling in the Wallace v. Jaffree
case that a period of silence set aside for
meditation or voluntary prayer in the
public school is in violation of the First
Amendment.
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Aid to Parochial Schools
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In cases where evidence reveals that the
aid directly benefited the child rather than
the parochial school, courts have been
permissive in allowing certain types of aid
under the “child benefit theory.”
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This theory is valid if parochial children are
the primary beneficiaries of a public
supported service provided for all children.
Conversely, if the aid serves to primarily
benefit parochial schools, it will be
deemed impermissible and a violation of
the First Amendment.
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The Lemon v. Kurtzman and Early v.
Dicenso cases are perhaps the most
significant early cases involving state aid
to parochial schools.
These cases arose when Rhode Island and
Pennsylvania laws providing assistance to
parochial schools, their students and
teachers were challenged by various
citizens and taxpayers.
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The U.S. Supreme Court subsequently
held that a law providing a state subsidy
for nonpublic school teachers’ salaries is
unconstitutional, even when the funds are
paid only to teachers of secular subjects.
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Religious Symbols
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Public schools may not display religious
exhibits or other visual materials.
It may be appropriate, however, for public
school teachers to acknowledge and
explain the various holidays of all cultural
and religious groups as a unit in cultural
heritage or some other related subject, as
long as a secular purpose is served.
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School Sponsored Activities
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Commencement exercises and any type of
school sponsored prayer at athletic
contests is deemed to be a violation of the
First Amendment.
The principle of neutrality mandates that
public schools must remain neutral in all
matters relating to religion.
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Prayer at Athletic Contests
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Prohibition of prayer at school events was
given a major thrust when the U.S.
Supreme Court in a 6 to 3 ruling in Santa
Fe Independent School District v. Jane
Doe banned student led prayer at athletic
contests, graduations and other school
sponsored events.
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Use of School Facilities by
Religious Student Groups
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Congress attempted to address facility use
when it passed the Equal Access Act in
1984 for the expressed purpose of
providing student religious clubs equal
opportunities to access high school
facilities as other non-curricula clubs
enjoyed.
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Under federal statute, it is unlawful for any
public secondary school that has created a
“limited open forum” to deny access to studentinitiated groups on the basis of religious, political
or philosophical content of their speech.
A limited open forum exists when an
administrator allows one or more non-curricula
related student groups to meet on school
premises during non-instructional time.
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Religious Activities and Holiday
Programs
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The observance of holy days by public
school is clearly an unconstitutional
activity, if conducted in a devotional
atmosphere.
The First Amendment prohibits states from
either aiding religion or showing
preference of one religion over another.
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Public schools may not celebrate religious
holidays.
There should be no worship or devotional
services, religious pageants or plays of
any nature held in the school.
However, certain programs may be
conducted, if a secular purpose is clearly
served.
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Distribution of
Religious Materials
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Public school personnel are not permitted
to distribute religious materials on school
premises.
Such practice would be a clear violation of
the Establishment Clause.
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Public school officials also may not allow
religious groups to distribute religious
materials on school grounds.
Support of such practices would suggest
that the school embraces religion and
could suggest preference of one religion
over another.
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Use of Religious Garb by
School Personnel
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The wearing of religious garb by public
school teachers raises the issue as to
whether such dress creates a sectarian
influence in the classroom.
Many state statutes prohibit public
teachers from wearing religious garb in
the classroom.
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Pledge of Allegiance
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In the West Virginia v. Burnette case, the
U.S. Supreme Court held that public
school officials may not require students
to salute and pledge allegiance to the flag.
It must be strictly voluntary.
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