Landmark Supreme Court Cases-Religious Freedom

The next section asks the constitutionality of several questions. Answer True or False with your clickers and then well discuss the answers.

Landmark Supreme Court Cases-Religious Freedom

Students have the right to pray individually or in groups while at school.

1. True 2. False

True: Board of Education of Westside Schools v. Mergens 1990 Students may discuss religious topics with their peers as long as they are not disruptive. The Establishment Clause prohibits school endorsement of religious views, but it does not apply to purely private speech; the same rules of order apply to voluntary religious speech as apply to any Other type of voluntary student speech.

Landmark Supreme Court Cases-Religious Freedom

Teachers may teach about religion at school. 1. True

2. False

True: School District of Abington Township v. Schempp, 1963 It might well be said that ones education is not complete without a study of comparative religion, or the history of religion and its relationship to the advancement of civilization. Study of the Bible or of religion, (must be)presented objectively as part of a secular program of education

Landmark Supreme Court Cases-Religious Freedom

Students may lead the student body in prayer on the P.A. system before a football game.
1. True 2. False

False: In Santa Fe Independent School District v. Doe, 2000, the Supreme Court ruled that such a practice indicates school support for religious views, and is impermissible.

Landmark Supreme Court Cases-Religious Freedom

Students may meet in a Bible Study Club on school grounds after school hours.
1. True 2. False

True: (Board of Education v. Mergens, 1990) According to the Equal Access Act, students must be allowed to participate in religious clubs on the same terms as any other noncurricular club. School officials may not actively participate in club activities and non-school persons may not control or regularly attend club meetings.

Landmark Supreme Court Cases-Religious Freedom

A teacher may lead the class in prayer at the beginning of class time.
1. True 2. False

False: Engel v. Vitale (1962) New York Board of Regents suggested prayer for the beginning of the school day violated the Establishment Clause. Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen. Students who objected could be excused during the prayer. The state school board did not require the use of this prayer, but did compose and endorse it.

Landmark Supreme Court Cases-Religious Freedom

A Rabbi may lead the audience in a nondenominational prayer at graduation.

1. True 2. False

False: Lee v. Weisman 1992: The Establishment Clause was inspired by the lesson that in the hands of government what might begin as a tolerant expression of religious views may end in a policy to indoctrinate and coerce. Prayer exercises in elementary and secondary schools carry a particular risk of indirect coercion. (Providence, RI)

Landmark Supreme Court Cases-Religious Freedom

Students may express their religious beliefs in the form of reports, homework, and artwork. 1. True 2. False
True: (Mergens, 1990) Teachers must not reject or correct such submissions simply because they include a religious symbol or address religious themes. These assignments should be judged by ordinary academic standards of substance, relevance, appearance and grammar. There is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect.

Landmark Supreme Court Cases-Religious Freedom

A state legislature may require schools to institute a moment of silence for meditation or voluntary prayer.
1. True 2. False

False: Wallace v. Jaffree 1985 It was clear that the Alabama legislature intended to encourage school-sponsored prayer.

Landmark Supreme Court Cases-Religious Freedom

State funding may be used to purchase computer equipment for religious schools.
1. True
2. False
True: Mitchell v. Helms 2000 Supreme Court held that the government could pay for computer equipment for public, private, and religious schools because the secular goal was improved education for students.

Landmark Supreme Court Cases-Religious Freedom

A coach may encourage and participate in a student-led pre-game prayer with his/her team.
1. True

2. False
False: Borden v. School District of the Township of East Brunswick . However, teachers may engage in private religious activity in faculty areas.

Landmark Supreme Court Cases-Religious Freedom

Teachers and administrators may participate in the annual See You at the Pole observance. 1. True 2. False
False: Peloza v. Capistrano Unified Sch. Dist.; Lee vs. Weisman; others.Such events are permissible for students, subject to ordinary time, place, and manner policies set by the schools. However, school officials, acting in an official capacity, may neither discourage nor encourage participation in such an event. Any school officials attendance at such events in a custodial oversight role must be voluntary and non-participatory.

Landmark Supreme Court Cases-Religious Freedom

School officials may plan religious baccalaureate ceremonies.

1. True 2. False
False: Lee v. Weisman. School officials, when acting in their official capacities, are representatives of the state and may neither encourage nor impede student religious activity. The Establishment Clause means that the school must maintain a position of official neutrality. If the school rents out its facilities to private groups, it must rent them out on the same terms to organizers of religious activities.

Landmark Supreme Court Cases-Religious Freedom

A student may post the Ten Commandments in his or her locker.

1. True 2. False

True: Various. If students are permitted to personalize or decorate the inside of their lockers, schools must not discriminate against religious messages.

Landmark Supreme Court Cases-Religious Freedom

A teacher may post the Ten Commandments in his or her classroom.

1. True
2. False

False: Stone v. Graham 1980. Unless such a poster is part of a historical display with a secular purpose, for example, in comparative religion or literature studies, it would violate the Establishment Clause.