Law, Religion and School

1. Law, Religion and School Stephanie McBride Updated October 2010

2. RELIGION in U.S. EDUCATION 1st Amendment’s “free exercise” and “establishment clauses” require schools to take a neutral position regarding religious issues

3. Teachers cannot advocate or proselytize a particular religion in public schools. “Teaching about religion is not the same As teaching someone to be religious. In Our multicultural society, understanding Another person’s faith will foster tolerance and harmony, a goal common to all religions.” Margaret Bartley, author and historian

4. U.S. Supreme Court Decisions Regarding Prayer at School Events GRADUATION: Lee v Weisman (1992) • Prayers organized by school officials at graduation exercises were unconstitutional SPORTS: Santa Fe School District v Doe (2000) • Student led prayers at football games were unconstitutional ORS 327.109: • Prohibits prayer at school-sponsored events

5. Supreme Court "Lemon test” for legislation concerning religion Lemon v. Kurtzman (1971) • Established three part test for whether policy violates 1st amendment establishment clause • Must have a secular purpose • Must neither advance nor inhibit religion • Must not create excessive entanglement between religion and school

6. Religious Clubs and Prayer Groups Mergens v. Board of Education of the Westside Community Schools (1990) Schools can not deny access to students to meet & engage in religious speech during non-instructional time. The Equal Access Act was the basis for this decision. It might be that a teacher can lead a religious meeting on her own time after school. Check your school policy on this. ORS 332.172 School buildings can be used for civic and recreational purposes "giving equal rights and privileges to all religious denominations and political parties."

7. Did You Know? Under Oregon law, ORS 339.420, Oregon students may be released up to two hours a week to attend religious instruction. These laws are intended in part to further the principle of free exercise of religious beliefs. http://www.tspc.state.or.us/pub.asp?id=1

8. Oregon Lifts Ban on Teachers Wearing Religious Attire • With supporters of religious freedom looking on, Gov. Ted Kulongoski signed a bill on April 1, 2010, that will end Oregon's ban on teachers wearing head scarves (hijab) and other religious attire (Sikh turban,Yamaka, religious jewelry, etc.) • The ban won't lift until after the 2010-11 school year. The rationale for the delay is to give leaders of the state's agencies plenty of time to write detailed regulations for carrying out the new law.

9. Guidelines for Religious Neutrality • Students may not be required to salute the flag or stand for the flag salute if the behavior conflicts with their religious beliefs. • Bible (Torah, Koran, etc.) reading, even without comment, may not be practiced in a public school when the intent is to promote worship. • Prayer is an act of worship and as such cannot be a regular part of opening exercises or other aspects of the regular school day. (Schools may begin the school day with a moment of silence.) • Worship services, such as prayer and Bible reading, are not constitutional even if voluntary rather than compulsory. Consensus, majority vote, or excusing objectors from the class or participation does not make these practices legal.

10. The December Incident This true story is from The New Teacher Handbook (Rethinking Schools). “Unwrapping the Holidays” by Dale Weiss

11. Practicing NeutralityLessons learned: Assess the staff’s viewpoints and reaction to the idea of being more inclusive. Most teachers want to be “nice”. Support from the principal isn’t enough Celebration of Christmas may be an entire belief system valued by the staff that they will resist changing. Make changes in your own classroom for a year before trying to push for change in the entire school. Bring up the issue on the spring when emotional attachments are not as high.