 No direct basis or provision for religious freedoms in the Constitution  Those provisions come in the amendments (Bill of Rights)  First Amendment  Establishes religious rights – Congress shall make no law establishing or prohibiting  14 th 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 8 th 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)  Unitarian Church sued the state over a Pennsylvania law requiring the reading of 10 Bible verses in school daily  Engel v. Vitale (1962)  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 (3 rd 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 4 th 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  5 th circuit upheld the practice of allowing students to vote on whether to have prayers  3 rd and 9 th 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) 9 th circuit  The 9 th 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  7 th 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 9 th Circuit case ruled in favor of Newdow but reversed by Supreme Court due to lack of standing  A 9 th 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)  8 th Circuit case  The historical and cultural significance of Christmas does not advance religion.  Stone v. Graham (1980)  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 (9 th Cir 2008) The 9 th 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 5 th Circuit agreed with the Tudor decision

 McCollum v. Board of Education (1948)  The Supreme Court struck down the practice of using public school classrooms to provide religious training to public school students during the instructional day  Zorach v. Clauson (1952)  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  9 th 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  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  Zellman v. Simmons Harris ( 2002) - Vouchers  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