Religious Rights In Public Schools

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Religious Rights In Public Schools

Religious Rights in Public Schools
JESUS in the classroom! Are you feeling uncomfortable yet? Religion in the public school systems is among the top of the list of controversial topics in American society, We've long been advised to avoid this and other religiously politically intertwined subjects in polite conversation. If youre like most Americans, this topic makes you frustrated, high strung, or at least a little queasy. From the day the 1st amendment right appeared in the U.S. Constitution, to this present day, and surely into our nations tomorrows, the proper role of religion in public schools has been, is, and will continue to be a subject of great debate. It is important for school officials, parents, and students to have a clear understanding of the 1st amendment and how it affects their religious rights and the religious rights of others in a public school setting. Unfortunately, most people are confused or misguided when it comes to this issue. The purpose of this paper is to guide the reader through a clear understanding of the 1st amendment; the impact it has had in education, the religious freedoms it grants to students, and the religious freedoms it grants (or doesnt grant) to teachers.
The Constitution exists precisely so that opinions and judgments, including can be formed, tested, and expressed. These judgments are for the individual to make, not for the Government to decree even with the mandate or approval of a majority (Supreme Court Justice Anthony M. Kennedy, 1999). In knowing that, the 1st amendment states, Congress shall make no law respecting an establishment of religion or prohibiting free exercise thereof& As you can see there are two clauses in this part of the amendment. The first is known as the Establishment Clause, which simply says that congress cannot establish a religion. The second is known as the Free Exercise Clause, which prohibits congress from removing the right of the people to freely exercise any religion, or none at all.
Although these two clauses of the 1st amendment right seem simple to understand and clear and direct in its meanings, there is no doubt that the 1st amendment needs breathing space and room for interpretation, and statutes attempting to restrict or burden the exercise of First Amendment rights must be narrowly drawn (Herndon v. Lowry, 1937). For example, even the most stringent protection of religious rights would not protect a teacher from sacrifici...

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