Church / State Relations ELC EdLawNet Task Group Session #4 Aaron Woody

AGENDA 10 Minutes - 10 Minutes - 1. Look at critical points to consider 2. Religious Influences in Public Schools 10 Minutes – 10 Minutes – 1. Reflective Guides as it relates to current cases 2. Emphasis on “Common Sense” 5 Minutes – 5 Minutes – 1. Your Turn “Scenarios you might encounter” 2. Questions / Comments

Talking Point #1 Church State issues have been argued through the Fourteenth Amendment Church State issues have been argued through the Fourteenth Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… THE ESTABLISHMENT CLAUSE THE ESTABLISHMENT CLAUSE

Religion & Government: Tenuous Balance Establishment Clause: Government shall not advance Religion Free Exercise Clause Freedom in individual Religious Practices There are TWO Constitutional Clauses in regard to religion, and they are constantly in conflict

Talking Point #2 The LEMON Test (LEMON vs. Kurtzman) The LEMON Test (LEMON vs. Kurtzman) A Three Part Test A Three Part Test Have a secular purpose Have a secular purpose Have a primary effect that neither advances nor impedes religion Have a primary effect that neither advances nor impedes religion Avoid excessive governmental entanglement with religion Avoid excessive governmental entanglement with religion

OTHER TESTS: Endorsement Test Endorsement Test Primary effect neither endorse nor dissaprove religion Primary effect neither endorse nor dissaprove religion Coercion Test Coercion Test Direct or Indirect Government Coercion to “Promote a Faith” Direct or Indirect Government Coercion to “Promote a Faith”

Talking Point #3 Free Exercise Clause Free Exercise Clause Looks at individual activity and whether the state has acted in a coercive way (FIRST AMENDMENT RIGHTS) Looks at individual activity and whether the state has acted in a coercive way (FIRST AMENDMENT RIGHTS) Example: Wisconsin vs. Yoder 1972) Example: Wisconsin vs. Yoder 1972) Gray Areas… Gray Areas… Adults employed by the school – are an extension of the state Adults employed by the school – are an extension of the state Students have more protection as individual citizens Students have more protection as individual citizens

Other Religious Influences in Public Schools Silent Prayer Silent Prayer School Sponsored verses private devotionals School Sponsored verses private devotionals Student elections to authorize prayer Student elections to authorize prayer Religious displays and Holiday observances Religious displays and Holiday observances Proselytization in the classroom Proselytization in the classroom Equal Access Equal Access School Access for community groups School Access for community groups Accommodations for Religious Beliefs Accommodations for Religious Beliefs Religious Exemption from Secular Activities Religious Exemption from Secular Activities Defining what “IS” religious? Defining what “IS” religious?

BEST PRACTICE… USE COMMON SENSE… USE COMMON SENSE… Districts and “Courts” will look to answer the question: Districts and “Courts” will look to answer the question: “What would a reasonable person do in (or with) this situation?”

Recommended Reading A TEACHER’S POCKET GUIDE TO SCHOOL LAW. Nathan Essex (I reference this in the handout) A TEACHER’S POCKET GUIDE TO SCHOOL LAW. Nathan Essex (I reference this in the handout) American Center for Law and Justice American Center for Law and Justice ACLU American Civil Liberties Union ACLU American Civil Liberties Union

SCENARIOS

QUESTIONS ???