In history and modern day, the issue of religion in schools remains a contentious one and one of the most litigated. The majority of controversies are based on the "establishment" or "religion" clauses of the First Amendment of the U.S. Constitution. They read, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” ("First Amendment"). "Today, that clause is commonly associated with the concept of 'separation of church and state.'" ("Religion in Schools").
The History of Religion in Public Schools
"Public education for the masses, as conceived by Horace Mann and others in the mid 19th century, was intended to be 'non-sectarian'. In reality, however, schools often reflected the majority religious view a kind of non-denominational Protestantism. Classes began with devotional readings from the King James Version of the Bible and recitation of the Protestant version of the Lord's Prayer. Students were expected to take part whether they shared those religious sentiments or not. Catholic families were among the first to challenge these school-sponsored religious practices. In some parts of the country, tension over religion in public schools erupted into actual violence. In Philadelphia, for example, full-scale riots and bloodshed resulted in 1844 over which version of the Bible should be used in classroom devotions. Several Catholic churches and a convent were burned; many people died. In Cincinnati, a "Bible War" divided the city in 1868 after the school board discontinued mandatory Bible instruction. Tensions like this led to the first round of legal challenges to school-sponsored religious activity in the late 19th century". ("Prayer And The Public Schools").
"Public education for the masses, as conceived by Horace Mann and others in the mid 19th century, was intended to be 'non-sectarian'. In reality, however, schools often reflected the majority religious view a kind of non-denominational Protestantism. Classes began with devotional readings from the King James Version of the Bible and recitation of the Protestant version of the Lord's Prayer. Students were expected to take part whether they shared those religious sentiments or not. Catholic families were among the first to challenge these school-sponsored religious practices. In some parts of the country, tension over religion in public schools erupted into actual violence. In Philadelphia, for example, full-scale riots and bloodshed resulted in 1844 over which version of the Bible should be used in classroom devotions. Several Catholic churches and a convent were burned; many people died. In Cincinnati, a "Bible War" divided the city in 1868 after the school board discontinued mandatory Bible instruction. Tensions like this led to the first round of legal challenges to school-sponsored religious activity in the late 19th century". ("Prayer And The Public Schools").
- In 1943, in the West Virginia State Board of Education v Barnette case, a Supreme Court ruling forbade schools from forcing students to recite the Pledge of Allegiance. "Although [the]... decision [forbade] schools from forcing students to say the pledge, many states and school districts retain policies that the schools lead it every morning... [But] recently... a three judge panel of the U.S. Court of Appeals for the 9th Circuit [declared] the practice of reciting the Pledge of Allegiance in public schools unconstitutional due to the phrase 'under God.'"("Religion in Schools").
- In 1962, in the Engle v Vitale case, the justices ruled that religious prayer had no place in the classroom. "The Engel v. Vitale case came about because parents in New York challenged a prayer written by a New York education board. These Christian, Jewish and Unitarian parents did not want their children subjected to state-sponsored devotions. The high court agreed that the scheme amounted to government promotion of religion." ("First Amendment").
- "In the following year, 1963... In Abington Township School District v. Schempp, the court declared school-sponsored Bible reading and recitation of the Lord's Prayer unconstitutional." ("First Amendment").
- 1984 - "Under the federal "Equal Access Act"... publicly funded schools allowing extracurricular based clubs must also allow students to form religious extracurricular clubs." ("Religion in Schools").
- 1992 - "...the Court held that an official prayer before a public school graduation was unconstitutional, even though the prayer was non-denominational." ("Lee v. Weisman (1992)").
- "In 1995, a joint statement of current law regarding religion in public schools was published by a variety of religious and civil liberties organizations. This statement served as the basis for U.S. Department of Education guidelines intended to alleviate concerns about constitutional religious activities in schools." ("First Amendment").
- 2001 - "...the... Supreme Court ruling in Good News Club v. Milford Central School set a legal precedent obligating schools to allow outside religious groups to use their facilities during non-school hours if they provide the same use to other non-school organizations." ("Religion in Schools").
- 2002 - "...the Supreme Court ruled in favour of Cleveland, Ohio's 7-year-old voucher program in Zelman v. Simmons-Harris, holding that the funding itself did not promote the establishment of religion and the decision to use those funds to attend a religious school is at the personal discretion of the family, not dictated by the state." ("Religion in Schools").
The Real Implications
While these decisions protect student freedoms, and restrict government control over them, they remain widely misunderstood. "The court did not rule that students are forbidden to pray on their own; the justices merely said that government officials had no business composing a prayer for students to recite." ("First Amendment"). Even though the Court outlawed required Bible study in 1963, they mandated that religion may be taught in schools as long as the courses are objective and not a form of indoctrination. Essentially, studying about religion and not practising religion. "According to guidelines issued in 1998 by the Department of Education, public schools may, for example, teach courses in the history of religion, comparative religion, the Bible-as-literature, and the role of religion in the history of the United States." ("Religion in Schools"). "Nothing in the 1962 or 1963 rulings makes it unlawful for public school students to pray or read the Bible (or any other religious book) on a voluntary basis during their free time." ("First Amendment").
"In short, a public school's approach to religion must have a legitimate educational purpose, not a devotional one. Public schools should not be in the business of preaching to students or trying to persuade them to adopt certain religious beliefs. Parents, not school officials, are responsible for overseeing a young person's religious upbringing. This is not a controversial principle. In fact, most parents would demand these basic rights." ("First Amendment").
While these decisions protect student freedoms, and restrict government control over them, they remain widely misunderstood. "The court did not rule that students are forbidden to pray on their own; the justices merely said that government officials had no business composing a prayer for students to recite." ("First Amendment"). Even though the Court outlawed required Bible study in 1963, they mandated that religion may be taught in schools as long as the courses are objective and not a form of indoctrination. Essentially, studying about religion and not practising religion. "According to guidelines issued in 1998 by the Department of Education, public schools may, for example, teach courses in the history of religion, comparative religion, the Bible-as-literature, and the role of religion in the history of the United States." ("Religion in Schools"). "Nothing in the 1962 or 1963 rulings makes it unlawful for public school students to pray or read the Bible (or any other religious book) on a voluntary basis during their free time." ("First Amendment").
"In short, a public school's approach to religion must have a legitimate educational purpose, not a devotional one. Public schools should not be in the business of preaching to students or trying to persuade them to adopt certain religious beliefs. Parents, not school officials, are responsible for overseeing a young person's religious upbringing. This is not a controversial principle. In fact, most parents would demand these basic rights." ("First Amendment").
"When my kids were growing up I wanted their teachers to teach them science, reading, maths and history. I also wanted them to care about my kids. But I did not want my children's public school teachers teaching them religion. That was my job as a parent, and the job of our church, Sunday school and youth group." (Hamilton).
-- Adam Hamilton, pastor and father, on the separation of responsibilities between school and parent.