1. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Prayer in Public Schools Case Study: Special Topic Lecture Chapter 4: Civil Liberties and Public Policy Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and Policy Fourteenth Edition

2. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Religion and the Founding Debate on religion and politics often focuses on how the founders, as a group, saw that relationship. There is no universal answer to how the founders viewed religion. –The founders did and said too many different things—cannot say that one view on religion is the only view of the founders or the character of the nation. –Today’s problems can’t be solved by looking to what the founders did.

3. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Religion and the Founding A “Christian” country? –John Winthorpe’s “City on a Hill” sermon saw a divine mission in the new colonies. –Many founders were religious dissenters: John Adams (Unitarian); Thomas Jefferson and Ben Franklin (deists); Thomas Paine (atheist) A country devoted to religious liberty? –Jefferson passionately supported religious liberty. –Many colonies had state churches and religious requirements for political offices.

4. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Freedom of Religion The First Amendment does not grant “freedom of religion.” Two specific freedoms: –Freedom from the establishment of religion. –Freedom from interference in the exercise of one’s religion.

5. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Establishment Clause “Congress shall make no law respecting the establishment of religion...” Meanings: –No State Religion, or –Wall of Separation, or –Neutrality and Non-promotion –NOT: absence of religious coercion

6. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Free Exercise Clause “... nor prohibiting the free exercise thereof.” Meanings –Beliefs cannot be prohibited, AND –Practices cannot be prohibited on religious grounds, BUT –Laws can prohibit a practice generally even if some religions do it.

7. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Free Exercise Clause The Free Exercise Clause –Some religious practices may conflict with other rights, and then be denied or punished Employment Division v. Smith (1988) Religious Freedom Restoration Act (1993)

8. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Exercise vs. Establishment Free exercise by government officials can establish religion. –Wearing religious clothing while carrying out one’s official duties can create an establishment of religion, even if one’s religion requires the clothing. Most often, preventing establishment takes precedence over allowing free exercise.

9. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. School Prayer Engel v. Vitale (1962) –Official school prayer was recited at the beginning of each day, led by school officials. Abington School District v. Schempp (1963) –State law required bible recitations at the beginning of each school day.

10. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. School Prayer Organized religious activities in public schools constitute establishments of religion. –Engel: School officials cannot promote religion, even non-coercively. –Abington: With regard to religion, “The government is neutral, and, while protecting all, it prefers none, and it disparages none.”

11. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. School Prayer School sponsorship is the decisive factor. –School-sponsored actions are not free exercises of religion. –Student-led prayer is unconstitutional if it is school-sanctioned. Santa Fe ISD v. Doe (2000)

12. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. School Prayer Is this a First Amendment violation? –Establishment or free exercise? School sanctioned –Is the act neutral among religions? To whom do atheists pray? Violation of the establishment clause.

13. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. School Prayer A student prays silently to herself before an exam. The teacher punishes her. Have her rights been violated? –The religious act is undertaken by a private citizen, not a government official. –There is no establishment of religion; neither Engel nor Abington apply. –The student’s free exercise rights have been violated.

14. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. School Prayer and Democracy Social inclusion is one element of a democratic political system. –Coercion isn’t necessary for establishment to be a problem. –Establishments of religion create “in” and “out” groups. –Excluding groups from participation in social practices undermines democracy.

15. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Summary Freedom “of religion” is freedom from establishment and freedom to exercise. School sanctioned prayer is an establishment of religion. Court cases prohibiting school prayer only prohibit school- sanctioned prayer.