Religion in Public Schools
What is Religion?
The Supreme Court defines religion as a person's view about his relationship, obligations, and reverence for a Creator.
What Religious Rights Do We Have?
Freedom of religion is a fundamental right guaranteed by the First Amendment. You have the right to believe in any religion or no religion at all. The government cannot compel a person to follow a religion or punish someone who does.
What is the Separation of Church and State?
Separation of Church and State does not mean that religion and government may not come in contact at all. Rather, the Constitution forbids the government from favoring any religion over another. When the government interacts with religion, it must do so neutrally and have a secular purpose.
When Can Church and State Interact?
Church and State can interact when:
- There is a secular purpose.
- The principal effect neither advances nor inhibits religion.
- There is no excessive government entanglement with religion.
What is Prohibited in Public Schools?
Because children are impressionable, courts are reluctant to allow the display of religious messages in schools because they would transmit basic and fundamental values to children linking school and religion. Some examples of prohibited activities include:
- Teachers wearing clothing that is distinctive of a religion.
- Reading the Bible, or other religious text, aloud even if participation is voluntary and it is done without comment.
- Organized prayer even if it is denominationally neutral and participation is voluntary.
- Daily moments of silence for meditation or prayer even if prayer is voluntary.
- Distributing Bibles, or other religious texts, on school grounds.
- Schools establishing a "religion of secularism" by opposing religion, and promoting belief in no religion.
- Schools requiring the teaching of "creation science."
- Some school districts do not allow teachers to read the Bible, or other religious text, on their own during school hours or have such items on their desk during school hours.
What Religous Practice is not Prohibited at Schools?
Despite the courts hesitation about allowing religious practices in school, some religious activity is allowed, including:
- Student initiated prayers that do not involve messages of conversion, such as pre-game football prayers are allowed, though some courts disagree.
- Classes may study the Bible, and other religious texts, so long as instruction is secular and not for the advancement of religion.
- Witch costumes on Halloween and discussion of witches in class as part of folklore and fantasy is allowed.
- Schools must allow equal access to its facilities. That means a school may let religious groups use its facilities for religious purposes as long as the school does not discriminate in who it allows to use its buildings.
- Students may form religious clubs as long as the school allows other non-curriculum related clubs.
What Should I Do If There is Religion in a Public School?
If you believe that your child's religious rights are being violated, you should file a complaint with the school district. Each school district has a different way of handling complaints. If you are still unsatisfied after the school district processes your complaint, you may choose to sue the school and the school district.
Should I Contact a Lawyer If I Have Concerns About Religion in a Public School?
A lawyer can help you understand you and your child's Constitutional rights as they apply to religion in public schools. A lawyer can also help you file a lawsuit against the school and school district if you are unsatisfied with the district's response to your complaint.
Consult a Lawyer - Present Your Case Now!
Last Modified: 09-08-2010 03:12 PM PDT
