INTRODUCTION, CONSTITUTION, COURT DECISIONS, etc.

http://www.religioustolerance.org/ps_pra9.htm

 

RELIGION AND PRAYER IN U.S. PUBLIC SCHOOLS

INTRODUCTION, CONSTITUTION, COURT DECISIONS, etc.

Overview:

Many people honestly believe that prayer is not allowed in the public schools. This is wrong. Unfortunately, this mistaken notion sometimes extends to teachers, principals and school boards.

Students have many opportunities to pray:

	They can attend one of the over 350,000 places of worship in the United States, which promote "every conceivable creed, sect and denomination." 6
	Prayer is allowed -- and in fact is a protected form of free speech -- throughout the public school system. Students can pray in school busses, at the flag-pole, in student religious clubs, in the hallways, cafeteria, etc.
	If the school has as few as one extra-curricular student-led and student-organized group, then students have a legal right to organize a Bible or other religious club to meet outside of classroom time.

Yet, a great deal of effort is being expended by religious folks to require prayer in the classroom. Some reasons may be:

	Sunday school and other religious instruction of young people within the houses of worship in the U.S. and Canada has largely collapsed. Percentage attendance is a small fraction of what it was two generations ago.
	Some adults believe that to start the school day with a prayer will create an aura of solemnity and order among the students.
	Others believe that prayer has magical powers. It will persuade God to protect the school and its staff and students. They may believe that prayer would have a beneficial influence on drug problems, school violence, teen pregnancy, etc.
	Others feel that if the students are forced to recite a Christian prayer each day, they will come to realize that they live in a Christian country where the government and its institutions support Christianity.

The one place where prayer is not normally permitted is in the classroom itself when a class is in session. The latter would violate the principle of church-state separation which is defined by court interpretations of the 1st Amendment to the U.S. Constitution. The separation principle is extended to Public Schools as an arm of the government. As interpreted by the courts, the Constitution's First Amendment requires that public school teachers, principals, and boards be religiously neutral:

	They may not promote a particular religion as being superior to any other.
	They may not promote religion in general as superior to a secular approach to life.
	They may not promote secularism in general as superior to a religious approach to life.
	They may not be antagonistic to religion in general or a particular religious belief in particular.
	They may not be antagonistic to secularism.
	They must neither advance nor inhibit religion.

Past conflicts:

There has been a long history of conflict over school prayer. During the 19^th century, there were continual conflicts between Protestants and Catholics over which version of the Bible was to be used in schools. During the 20^th century, there were conflicts over the precise text of school prayers. "In New York, a committee of the State Regents actually tried to invent a 'nondenominational, nonsectarian' prayer that would presumably offend no one (save Atheist or nonreligious families) and still have the effect of appealing to an unspecified deity." 

What the constitution prohibits:

The law, as interpreted by various levels of courts, is rapidly evolving in this area. Speaking very generally, the law prohibits public schools from:

Requiring students to recite prayers in class. The main concerns of the courts appear to be twofold: The compulsive nature of prayer. Although most state laws which attempt to allow school prayer usually permit the student to excuse themselves and wait in the hall, the courts still see an element of compulsion. By separating themselves from the rest of the class, the student risks later harassment and abuse by fellow students. The risk of religious indoctrination. The 1st amendment of the U.S. constitution states that there shall be no law regarding the establishment of religion. The courts view prayer in the classroom to be one example of the government approving one religion over another. Even a student-selected, student-given, non-sectarian, non-proselytizing prayer still carries with it the stamp of approval of the state - i.e. the state approves of, and is seen to promote, belief in God (and whatever other religious content that the prayer might have).

The US Supreme Court ruled against mandated daily school prayer in Engel v. Vitale (1962). In 1963, it struck down laws in Pennsylvania and Maryland which mandated Bible reading and prayer.

	Public prayers at high school games: Various courts have ruled that: An individual student or group of students is free to pray at a game. To prevent this would violate the student(s) free speech rights. Teachers, coaches, etc. cannot lead a group prayer. To do so would be viewed as school endorsement of a specific religion, which is unconstitutional under the principle of separation of church and state. Student-led, student written public prayers are not permitted to be part of a game format. i.e. the school officials cannot insert a prayer into the schedule of a game, even if the actual prayer is led by a student. More details on this topic.
	Promoting any one denomination or religion at the expense of another faith group or secular philosophy. For example, a comparative religion class must give a balanced description of religious and secular beliefs from a variety of faith groups and ethical systems.
	Banning the wearing of religious clothing and symbols. This seems to be a growing problem throughout the U.S. In general, children do not abandon their religious rights when entering public school campuses. Religious clothing and symbols, if not disruptive, are a protected form of speech.  More details on this topic.
	Prayers before Board of Education meetings: The 6th U.S. Circuit Court of appeals decided on 1999-MAR-18 that the Board of Education in Cleveland, OH, cannot pray before their meetings. The court ruled that prayers are an illegal endorsement of religion. School board attorneys have not decided whether they will appeal the case to the U.S. Supreme Court. 1
	"Clergy in the Schools" project: A panel of the U.S. 5th Circuit Court of Appeals ruled on 1999-APR-16 that a Texas "Clergy in the Schools" program is unconstitutional. The Beaumont Independent School District introduced this program in 1996. Local clergy led group counseling discussions in the school about morality and civic virtues . The students involved in the counseling were selected by school officials without prior notice to, or consent form, the parents. Prayer and discussion of religion, sex or abortion were not permitted. The clergy were not allowed to identify their church affiliation. Secular counselors were not permitted. The majority opinion of the panel was that the program "makes a clear statement that it favors religion over nonreligion." They were also concerned that the clergy were disproportionately Protestants. The found that the involvement of school officials in this project created an "excessive entanglement" between church and state.

What the constitution allows:

Again, this is in a state of flux. As of early 1999, the following activities are permitted. In fact, they are more than allowed. They are constitutionally protected as freedom of speech, religion and assembly rights:

	Graduation ceremonies: Some invocations, benedictions and prayers at graduation ceremonies. This is very much a gray area as far as court rulings is concerned. More details.
	Teaching religion: The positive and negative effects of religion on society may be studied in history, literature, comparative religion, and other courses. Comparative religion classes are allowed, as long as one religion is not presented as being superior to any another, or as absolute truth. Bible study is allowed, as long as the texts from other religions are also studied. Schools can communicate the broad field of religion but not indoctrinate their students in a particular faith.
	Student religious clubs: If the school receives federal funds, then it must obey the federal Equal Access Act of 1984. Students are free to organize Bible study and other religious special interest clubs if any other secular clubs are allowed. The school may prohibit religious clubs, but only if it prohibits all student groups. Religious clubs must be given the same access to school facilities (space to meet, permission to advertise on school bulletin boards, permission to have announcements read over the PA system, inclusion in the year book, etc.) as do other clubs. Group meetings must be "voluntary and student initiated." There must be no "sponsorship" of the meetings by the school. "Non-school persons may not direct, conduct, control, or regularly attend" the activities. One effect of this law is the flourishing of Christian clubs in public schools. The American Civil Liberties Union estimates that 10,000 Christian clubs are operating in U.S. high schools. 2  More information
	Moment of silence: Having students engage in a moment of silence during which they can pray, meditate, plan their day, or engage in any other silent mental activity. In late 2000, a federal court affirmed the constitutionality of the moment of silence law which came into effect in Virginia on 2000-APR-1. The decision is under appeal by the ACLU. The Natural Law Project promotes this alternative. 4
	Prayer outside of school building: Students can organize prayers on school property outside the classroom. e.g. they can conduct group prayer meetings at the school flagpole.
	School religious speech: Students can carry Bible or other religious texts to and in school. They can pray before eating. A student can pray on the school bus, in the cafeteria, in classrooms before and after class, in the corridors, in the washrooms, etc. They can wear T-shirts with religious text. They can wear religious jewelry (buttons, symbols). They can hand out religious materials. They can freely talk about religion to fellow students, outside of class. They can pray before eating in the cafeteria. These are well-known freedoms guaranteed by the U.S. Constitution. Yet not everyone is aware of these forms of protected speech. Bill Keane's cartoon "Family Circus" for 1999-NOV-15 shows a mother waving at two children leaving the house. She says "Get to school safely."  The caption reads "Chances are they will as long as they're allowed to pray on that old school bus."
	Rental of school facilities: Many religious organizations rent school facilities after hours. Past court decisions generally supported this right, if rooms are also rented to secular groups. Court rulings specified that schools can refuse to rent to religious groups, but then they cannot rent to outside secular organizations as well. However, recent court decisions have split on this issue.
	Teaching of evolution: Schools may require their teachers to explain evolution as a scientific theory, as supported by 95% of scientists. This would include teachers who might not believe evolution to be true because of their personal religious grounds.
	Teacher display of religion: Teachers may be prohibited from displaying a Bible on their desk or from placing religious posters on the classroom wall. This would imply state support for a specific religion.

In summary, the law guarantees students' fundamental religious freedoms while requiring the school to maintain a religiously neutral environment. Sometimes the latter requires some limitations on teachers' freedoms. A 1996-JUN court decision by the US District Court for the Northern District of Mississippi covers many of the above items, including prayer over a school-wide intercom, a pre-school religious group, classroom prayer, teaching a Bible class and religious instruction in a history class. The text of the court order is also available on the Internet.