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May
They Do That? a school prayer quiz
- The student body of a public high school votes unanimously in
favor of including prayer in the graduation ceremony. The ceremony
is held in the school gymnasium. May a student speaker include
a prayer?
- yes
- no
- maybe
- I don’t know
- A 10-year-old boy brings a Bible to school to read during free
time and independent reading. May he do that?
- yes
- no
- maybe
- I don’t know
- A student sitting in the school cafeteria bows her head and
silently says grace before eating her lunch. May she do that?
- yes
- no
- maybe
- I don’t know
- A school sends to each home a letter asking for parents to sign
a release form. This consent form would allow schools to give
their children’s names to Partners in Prayer. The group’s members
adopt classrooms and pray for students. May the school do that?
- yes
- no
- maybe
- I don’t know
- A large city school system adds a unit on historical developments
in religious thought in its world history program. This unit includes
teaching about major world religions. May schools do that?
- yes
- no
- maybe
- I don’t know
- Teachers in the English department of a high school, discovering
that students did not understand the allusions found in poetry,
added a study of the Bible as literature in its tenth grade program.
May the English department do that?
- yes
- no
- maybe
- I don’t know
- In Pennsylvania and Baltimore schools, authorities require all
students to recite the Lord’s Prayer. Students are excluded from
this activity if parents write a note requesting their son or
daughter be excused from the recitation. May the schools require
students to recite the Lord’s Prayer?
- yes
- no
- maybe
- I don’t know
- The Young Buddhists Club prepares daily announcements and a
bulletin board to invite students to Bodhi Day celebration. May
they do that?
- yes
- no
- maybe
- I don’t know
- A student in art class draws hands folded in prayer holding
rosary beads. The teacher tells her the work is inappropriate
for a graded project. May the teacher refuse to allow students
to draw or photograph work with religious symbols or items?
- yes
- no
- maybe
- I don’t know
Answers
- MAYBE. The courts have reached
conflicting conclusions under the federal Constitution on student-initiated
prayer at graduation. In Lee v. Weisman , the Supreme Court
held that school-sponsored prayer at graduation ceremonies violated
the First Amendment’s prohibition against laws “respecting an
establishment of religion.”
In 1993 the Justices declined to hear a Texas case upholding the
practice of graduation prayer. In Jones v. Clear Creek Independent
School District, 1) the prayer was student-initiated, 2) the
prayer was student-led, and 3) the prayer was “nonsectarian” and
“non-proselytizing.” See Finding
Common Ground, chapter 12, for a detailed discussion of
the constitutional questions raised in the Jones model.
Although the Sante Fe Independent School District, petitioner,
v. Jane Doe, applied to school-sponsored prayer at football
games, Justice Stevens in the opinion of the Court did address
the issue of students voting to express their desires: “Elections
and a student speaker do not turn public speech into private speech.”
- YES. In the classroom students
have the right to pray quietly or read religious material except
when required to be actively engaged in school activities.
- YES. In informal settings, such
as the cafeteria or in the halls, students may pray either audibly
or silently, subject to the same rules of order as apply to other
speech in these locations.
- PROBABLY NOT. A federal district
court has no binding legal authority on any other court. U.S.
District Judge James Trimble ruled Jan. 25, 2001, that Beauregard
(La.) Parish schools cannot solicit membership for the Partners
in Prayer for Schools program, but schools can continue to give
lists of student names to the program. The ruling made permanent
a consent decree that the parish school board agreed to in December
2000, after the American Civil Liberties Union filed a lawsuit.
The ACLU became involved when a parent complained in 2000 about
prayers at official school events. Parents also complained that
the school sent out letters promoting Partners in Prayer. The
ACLU filed a lawsuit
against the school board president and superintendent in November
2000.
- YES. The Religious Liberty clauses
of the First Amendment to the Constitution provide the civic framework
for teaching about religion in the public schools. The U.S. Supreme
Court in Abington v. Schempp (1963), Associate Justice
Tom Clark wrote for the Court, “It might well be said that one's
education is not complete without a study of comparative religion
or the history of religion and its relationship to the advancement
of civilization.” A study
completed in 2001 found that nearly every state mandates the
teaching about religion in public school social studies classes.
- YES. In Abington v. Schempp
(1963), Associate Justice Tom Clark wrote for the Supreme Court,
“It certainly may be said that the Bible is worthy of study for
its literary and historic qualities. Nothing we have said here
indicates that such study of the Bible or of religion, when presented
objectively as part of a secular program of education, may not
be effected consistently with the First Amendment.”
- NO. In Abington Township v.
Schempp (1963) and Murray v. Curlett (1963), The Supreme
Court found the Pennsylvania law and Abington's and Baltimore’s
policies requiring public school students to participate in classroom
religious exercises in violation the religious freedom of students
as protected by the First and Fourteenth Amendments. The required
activities encroached on both the Free Exercise Clause and the
Establishment Clause of the First Amendment since the readings
and recitations were essentially religious ceremonies and were
“intended by the State to be so.” Furthermore, argued Justice
Clark, the ability of a parent to excuse a child from these ceremonies
by a written note was irrelevant since it did not prevent the
school's actions from violating the Establishment Clause.
- MAYBE. If other clubs in the school
are given access to the school media, so must the Young Buddhists
Club and all other religious clubs. If the other clubs are allowed
to invite students to their club meetings, then the answer is
YES. The key is equal access. The school itself may educate about
and acknowledge religion, but not celebrate religious holy days.
- NO. Students may choose to create
artwork with religious symbols, but teachers should not assign
or suggest such creations. The use of religious symbols, provided
they are used only as examples of cultural or religious heritage,
is permissible as a teaching aid or resource. Religious symbols
may be displayed only on a temporary basis as part of the academic
program.
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