Announcements:
In addition to reading today's post, please make sure you:
- Read the Street Law summary of Engel v. Vitale, one of the required SCOTUS cases
- Fill out the SCOTUS Required Cases Matrix for Engel v. Vitale
- Complete the Flipgrid (check your email for instructions and link) on the Establishment Clause.
As you look at today's post, you will see there are quite a few court cases. Like an excessive amount. The only case that is required by the College Board is Engel v. Vitale, but I have included the others to show you how often the Establishment Clause comes up in a variety of situations, most commonly involving public schools and religion. The most important thing is that you understand what the Establishment Clause means (based on the Court's interpretation over the last 50+years) and how it continues to be litigated and debated today.
As always, email me if you have any questions or need help!
As always, email me if you have any questions or need help!
READING: 85-126 in Edwards
READING: 85-126 in Edwards
UNIT THREE Identification Terms
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Today's Essential Question: How does the government effectively interpret and balance religious freedom and practice with respect to the First Amendment?
Learning Standards:________________________________________________
Today's Essential Question: How does the government effectively interpret and balance religious freedom and practice with respect to the First Amendment?
LOR-2.C: Explain the extent to which the Supreme Court’s interpretation of the First and Second Amendments reflects a commitment to individual liberty.
LOR-2.C.1: The interpretation and application of the First Amendment’s establishment and free exercise clauses reflect an ongoing debate over balancing majoritarian religions practice and free exercise, as represented by such cases as:
- Engel v. Vitale (1962), which declared school sponsorship of religious activities violates the establishment clause
- Wisconsin v. Yoder (1972), which held that compelling Amish students to attend school past the eighth grade violates the free exercise clause
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The Establishment Clause
"Congress shall make no law respecting an establishment of religion, or prohibit the free exercise thereof..."
The clause in red is referred to as the Establishment Clause and the one in blue is called the Free Exercise Clause. Today's focus is on the difference between these two clauses dealing with freedom of religion.
Discuss with your group what you think the Establishment Clause means. Does it prohibit strictly a national religion or does it mean there should be no endorsement or favoritism towards a specific religion or religion in general? How is religion part of American life and government? What is meant by the separation between church and state?
Many of the Court's decisions about the Establishment Clause involve religion in schools. Here are some of the important cases. Must-know cases are in larger font.
Religion and the Establishment Clause in School
Everson v. Board of Education, 1947: Can parents of students attending a private school (i.e. St. James or Pius) be reimbursed for transportation (busing) costs for students?
Lemon v. Kurtzman, 1971: What can private/religious schools be reimbursed for?
The Lemon Test:
1. Does it serve a religious purpose?
2. Does it create excessive entanglement?
3. Does it have a primary purpose of advancing or inhibiting religion?
Which of the following passes the Lemon Test?
- math textbooks
- state mandated tests
- field trips
- teacher salary
- interpreter for a deaf student
- free/reduced lunch program
Engel v. Vitale, 1962: Can school officials (teachers, principals, etc) lead students in non-denominational prayer?
SCOTUS TEMPLATE
The prayer recited in New York that led to Engel v. Vitale:
Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen
Discuss the following example with your group:
Is it a prayer? (source: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/estabinto.htm)
The following verse was read each day to a Florida kindergarten class. The school board said the purpose of the verse was to calm kids down and create a sense of appreciation for the world. Is the verse a prayer? How are students likely to interpret "you"? Could "you" be Mother Nature or a Giant Slug?
SCOTUS TEMPLATE
The prayer recited in New York that led to Engel v. Vitale:
Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen
Discuss the following example with your group:
We thank you for the flowers so sweet;
We thank you for the food we eat;
We thank you for the birds that sing;
We thank you for everything.
Wallace v. Jaffree, 1985: Can schools have a moment of silence for meditation/prayer?
Lee v. Weisman, 1992: Can schools have sponsored prayer (by a school official or religious figure) at graduation ceremonies?
Santa Fe Independent School District v. Doe, 2000: Can a popularly elected student representative lead students in prayer over the loudspeaker at a sporting event?
Could a student valedictorian lead her classmates in prayer at graduation? Discuss with your group if you think this violates the Establishment Clause. Are the free exercise of religion and freedom of speech rights in conflict with the Establishment Clause?
Could a student valedictorian lead her classmates in prayer at graduation? Discuss with your group if you think this violates the Establishment Clause. Are the free exercise of religion and freedom of speech rights in conflict with the Establishment Clause?
Epperson v. Arkansas, 1968 : Can a school ban the teaching of evolution?
Edwards v. Aguilard, 1987: Can a school require the teaching of creationism?
Westside v. Mergens, 1990: Can student religious groups meet on school grounds?
Is the Establishment Clause violated by allowing an optional Bible study class once a week for elementary and middle school students during school hours?
Is the Establishment Clause violated by allowing high school cheerleaders to put Bible verses on their banners at football games?
Is the Establishment Clause violated by allowing an optional Bible study class once a week for elementary and middle school students during school hours?
Is the Establishment Clause violated by allowing high school cheerleaders to put Bible verses on their banners at football games?
Religion and the Establishment Clause in Public Places
Lynch v. Donnelly, 1984: Can religious figures (i.e. Nativity scene) be part of a Christmas display on city property?
Stone v. Graham, 1980 & Van Orden v. Perry, 2004: Can the Ten Commandments be posted on government property?
Marsh v. Chambers, 1983 & Town of Greece, NY v. Galloway, 2014: Can legislative or town hall meetings begin with a prayer?
Do you think the city of Republic's city logo violates the Establishment Clause? Why or why not?
Marsh v. Chambers, 1983 & Town of Greece, NY v. Galloway, 2014: Can legislative or town hall meetings begin with a prayer?
Do you think the city of Republic's city logo violates the Establishment Clause? Why or why not?
Other Establishment Clause Resources
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