Separation of Church and State

The issue of religion and schools has been debated since the ratification of the Constitution. The focus on this lesson will be the cases, teachers, issues, events, and procedures dealing with religion in the classroom.

For generations students have said these words in their morning classes as they stood in front of the flag, but in July, 2002 the 9th circuit court of appeals ruled that students in states under their jurisdiction could no longer repeat the ‘Pledge of Allegiance’. The court ruled the words "under God" as part of the Pledge of Allegiance unconstitutional as a violation of ‘Church and State’. Under the ruling, nine Western states were banned from saying the pledge.

Then, in June 2004, the Supreme Court ruled that the California father, Michael Newdow, could not challenge the Pledge of Allegiance, a decision that sidestepped the broader question of the separation of church and state.

The 8-0 ruling by the high court reversed a lower-court decision that teacher-led recitation of the Pledge of Allegiance in public schools is unconstitutional.

The case had been brought by an atheist who did not want his third-grade daughter to have to listen to the phrase "under God" in the oath.

In a written statement, Attorney General John Ashcroft praised the ruling, saying it "ensures that school children in every corner of America can start their day by voluntarily reciting the Pledge of Allegiance."

In Jan., 2005, another lawsuit was filed, again in California before the 9 Circuit Court of Appeals, again by Newdow, but joined by two other families.  On September 15, 2005 , a federal judge again declared that the reciting of the Pledge of Allegiance in public schools is unconstitutional, a decision that could potentially put the divisive issue back before the U.S. Supreme Court

The decision of the 9th Circuit conflicts with an August, 2005 opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Virginia. That court upheld a Virginia law requiring public schools lead daily Pledge of Allegiance recitation, which is similar to the requirement in California.

A three-judge panel of that circuit ruled that the pledge is a patriotic exercise, not a religious affirmation similar to a prayer. "Undoubtedly, the pledge contains a religious phrase, and it is demeaning to persons of any faith to assert that the words 'under God' contain no religious significance," Judge Karen Williams wrote for the 4th Circuit. "The inclusion of those two words, however, does not alter the nature of the pledge as a patriotic activity."

Today, more than ever, courts are dealing with issues between religion and schools and how far schools and teachers can go in bringing religion into the classrooms. As the right wing Christian groups have gained popularity in society, more teachers are challenging the line that has been drawn dividing church and state.

Let’s first take two court cases that give a broad spectrum of the teaching profession in which both educators crossed the line of church and state. The first case deals with Hennessy v. Horace Mann, in which a student-teacher failed his practicum due to actions Robert Hennessy took in his class and school dealing with religion. Basically the school had four issues with Mr. Hennessy’s behavior:

• He turned in a picture of an aborted fetus with a report to his principal.

• During a multicultural assembly he called it "silly" and "inappropriate".

• He regarded a painting done in art class of The Last Supper with Hollywood stars replacing the disciples as "disgusting" and "obscene".

• He claimed the principal to be the devil and the faculty his disciples because of her reprimands on Hennessy.

The second case deals with a teacher who had been in the public school system for 24 years. Maria Tuma was an effective veteran teacher, but during the last 14 years incidents dealing with her religious beliefs began to cause problems. The incidents included distributing pocket Bibles, speaking to students about praying, and sending religious letters to colleagues and the principal. After following procedures of board policy the school board terminated Tuma's contract. She then filed suit claiming infringement of her first amendment rights. The Florida intermediate court backed the school board's decision.

The fact remains, the courts have continuously backed schools in cases dealing with termination or non renewal for promotion of religious beliefs in the classroom. Teachers must know what and where that line is between teaching about religion and attempting to indoctrinate religious beliefs.

The key for school leaders in providing guidance to their teachers in dealing with curriculum topics related to religion is to be sure that what they are teaching is about religion and not teaching religion. Religion plays a significant role in history and society. It is also important if students are to value religious liberty. As the United States confronts more religious diversity, the need for understanding religious differences becomes even more apparent.  The aftermath of September 11, 2001 has increased schools’ responsibilities to teach more about religion and tolerance.

The question arises, “What is permissible in the classroom?”  In 1995 the federal government created a guide line for religious expression in public schools. According to the guideline "teachers may include theory of other scripture in lessons about religion, and they may cover such topics as comparative religions, and the influence of religion on art, music, etc." It also says that teachers may teach about religious holidays, and celebrate the holidays with their students, but not observe the holidays as religious or promote observances.  The Bible may be used in a historical or literary context.

Indiana University C. Frederick Risinger says to uphold the constitutionality of approved religious teaching involves (1) establishing an  approach that is academic not devotional; (2) striving for students' awareness without pressuring students to accept any one favored religion; (3) exposing students to the diversity of religious views without imposing viewpoints on students and (4) teaching students about all major religions.

What about other areas where religion and school intermix? New teachers who are also going to coach need to understand the ruling in Santa Fe Independent School District v. Doe and what impact this has on schools and religion. In this case two women (one Catholic and the other Mormon) sued the Santa Fe Independent School District challenging the pre-game prayer and graduation prayer as violations of the First Amendment's Establishment Clause. In its decision, the Supreme Court ruled the pre-game policy unconstitutional and a violation of the Establishment Clause because it sponsored speech endorsing religion. Among other things, the court maintained that although attendance at games is voluntary for most students, it is not voluntary for players, band members, and cheerleaders.

Coaches need to know that even student led prayer before a game in the locker room and an after game prayer falls under this ruling and is prohibited according to the ruling.

As a new teacher beginning your first year of teaching, you would want to be sure that you understood a couple of points about religion and schools. The Pledge of Allegiance is not mandatory for students.  Students do not have to stand if they choose not to and the teacher needs to be sure that no ridicule or special attention is given to those students. If the students want to do a religious report or artwork they are constitutionally protected. Teachers may not require students to modify, include, or excise religious views in their assignments. Teachers may not pass out religious literature but students may, and teachers need to be careful to intercede if student religious speech turns into religious harassment aimed at a student or a small group of students.

“Intelligent Design” is the new church and state controversy in the public schools. Kansas is again in the middle of the foray. The Kansas science standards reflect the view that, perhaps, Darwin’s theory of natural selection does not offer a complete scenario for the evolution of life forms.  Briefly, “intelligent design” is the theory or idea that certain features of biological processes are so intricate and coded that they cannot be explained purely through an undirected process like natural selection; that they were indeed designed by a pre-existing intelligence.  Other states around the country are also wrestling with this debate in the public schools.   Through the court system, schools in Pennsylvania (Dec. 2005) and California (Jan. 2006) have been successfully blocked from teaching intelligent design in science courses. But the debate continues.

Over 200 years ago when Jefferson wrote about the intention to erect "a wall of separation between Church and State" he probably didn't envision all the turmoil and challenges that have developed over the years. Yet, if we want to keep religious free and not develop state sponsored religions we need to keep the wall in place.

Assignment: Write a reflection paper on what your approach to prayer and religion will be in a school environment and explain your rational, specifically addressing prayer in school, the flag salute, and intelligent design.

Bibliography

• John Leo "Folly 'round the flag", US News and World Report, July 15, 2002 p. 4
• Perry Zirkel, 'Horace... Mamon, Not Mann?', Phi Delta Kappan, November 2002, p.250-254
• Perry Zirkel, 'Evangelism in the Classroom', Principal, November 1998, p. 62-63.
• Susan Black, 'Teaching About Religion', American School Board Journal, April 2003
• Jon Bulter, 'Teaching About Religion in Public Schools', The PEW Forum on Religion and Public Life, May 2003
• Benjamin Dowling-Sendor, 'A Defeat for Pregame Prayer', ASBJ, August 2000
• US Department of Education, 'Religion In the Public Schools: A Joint Statement of Current Law', http://www.ed.gov/Speeches/04-1005/prayer.html, April 1995.