Ed.518 Legal Presentation Tim Kern

 “Congress Shall Make No Law Respecting An Establishment of Religion”  Separation of church and state is a political and legal doctrine that government and religious institutions are to be kept separate and independent from each other.

 The phrase separation of church and state is generally traced to the letter written by Thomas Jefferson in 1802 to the Danbury Baptists, in which he referred to the First Amendment of the United States Constitution as creating a "wall of separation" between church and state. The US Supreme Court quoted the phrase for the first time in 1878, and then in a series of cases starting in  This started to become a general term

 Bellamy's original Pledge read, "I Pledge Allegiance to my Flag and the Republic for which it stands, one nation indivisible with liberty and justice for all.” – 1892  In 1923 the National Flag Conference called for the words “ my Flag ” to be changed to “ the Flag of the United States ”.  Not until 1954 was “ under God” added  Some say in response to Communism  During the "McCarthyism"

 Jehovah's Witnesses were expelled for refusing to say the Pledge  Claimed it was idolism  Court said: Yep, Kick um’ out.  The pledge was a point of national security  Designed "to promote in the minds of children who attend the common schools an attachment to the institutions of their country.”  Increased persecution of JW

 Jehovah's Witnesses  Same issue, idolism  The Court said: Ah, We Changed our Minds  Overturned Minersville School District v. Gobitis  Not on religious ground, but on freedom of speech grounds.  No more mandatory pledges

 Michael Newdow was an atheist  The whole “under God” problem  CA District Court found Newdow had no standing  Did not have custody of the child in question  Ninth Circuit found for Newdow  Has standing  “Under God” was an endorsement of religion  Supreme Court said: Not It!  Side stepped the religious issue  Found Newdow had no standing

Giving students time within the school day for religious studies

 Champaign, Illinois – 1940  Gave students release time for religious studies  Taught by religious leaders in public school  Court said: Nope, Can’t Do It  Even though the courses were “Voluntary” the court found evidence of “coercion”  Endorsed one religion over others

 New York State Ed. Law #3210  Makes school attendance mandatory  Allows districts to give release time to go to religious classes off public campuses (with written parental consent)  Court said: Yep, This one’s OK  No coercion  Off school grounds  Not endorsed by public officials  Didn’t really overturn McCollum v. Board

 New Hyde Park, New York  Mandatory school prayer  "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country.”  “Voluntarily” said at the start of every school day  Court said: Nope, no good.  Neither the prayer's nondenominational character nor its voluntary character saves it from unconstitutionality

 Abington (Philly Area) began every day with a Bible reading.  Mr. Schempp thought this violated his 1 st amendment rights  The Court said: Find another book to read  The state cannot force a person “to profess a belief or disbelief in any religion”  Once again this is a case of the State “sponsoring” a religion over non-religion or one religion over another”

 This case and ENGEL v. VITALE set off a fire storm of public protest  Life magazine declared Madalyn Murphy O’Hair, the mother of the plaintiff, in one of the cases, "the most hated woman in America."

 Alabama law allows public school teachers to start a day with 1 minute of silent meditation or individual prayer  Teachers sometimes asked students to recite some prayers  Jaffree was the parent of 3 students in Mobile Alabama  Claimed this practice violated the 1 st Amendment

 The Court said: Nope, Can’t do it.  The State's endorsement, by enactment of , of prayer activities at the beginning of each school day is not consistent with the established principle that the government must pursue a course of complete neutrality toward religion.  Still hinges on official endorsement by school officials

 This case involves graduation prayers at commencement  School invited a rabbi to speak at a middle school ceremony  Totally voluntary participation  The Court said: No, this doesn’t work  Held that government involvement in this case creates "a state-sponsored and state-directed religious exercise in a public school."

 Two laws in question  PA and Rhode Island  Both states allowed public funding to reimburse private schools for the cost of teaching non-religious courses.  Textbooks  Teacher salaries  Etc.  The Courts said: No Good.  Held that the Act fostered "excessive entanglement" between government and religion

 Produced the Lemon Test  Details the requirements for legislation concerning religion that is still used today  It consists of three prongs:  The government's action must have a secular legislative purpose  The government's action must not have the primary effect of either advancing or inhibiting religion  The government's action must not result in an "excessive government entanglement" with religion

 Religious Choral Music  Allowed, found not to be an endorsement by officials  Use of Facilities  More of a Free Speech issue  If you open to one group you open to all groups  Textbook Content  Evolution v. Creationism