A Brief Note On Advocacy And Social Justice

Constitution's First Amendment requirement that the District neither establish religion in the schools nor prohibit students’ free exercise of religion according to pertinent interpretation and application of those constitutional provisions by the courts. Any religious characters need to conform to policy 8800” (Markesan District School, 2013). “Decisions of the United States Supreme Court have made it clear that it is not the province of a public school to advance or inhibit religious beliefs or practices” (Markesan District School, 2015). Under the First and Fourteenth Amendments to the Constitution, this remains the “inviolate province of the individual and the church of his/her choice. The rights of any minority, no matter how small, must be protected. District staff members shall not use prayer, religious readings, or religious symbols as a devotional exercise or in an act of worship or celebration” (20 U.S.C. 4071 et seq.) (Markesan District School, 2015). Having examined the Markesan District School First Amendment related to this topic the next step is to conclude my research on this topic.

Religion is one of the most controversial issues in society today. The concern of allowing prayer in schools is an on-going debate and has resulted in numerous lawsuits. Religious school clubs, after school activities, curriculums, and moments of silence during school are just a few of the court cases that judges have administered. People in favor of prayer in schools believe that their children can only learn certain values through religious practice. On the other hand, an individual against religious practice in schools views this issue as an infringement on his or her children’s rights as Americans.

Since the Declaration of Independence was drafted founding itself on individual privileges and choice, happiness and democracy, a multitude of concerns have kindled the rights disputes that we see making law an active and continually growing and interesting area of interest today. Issues arose included women suffrage, civil equality, slavery, the ability to hold a religious forum, along with many others. And, though the context and times have significantly changed with these concerns there still remains a constant struggle between state, religion, and schools. Prayer in public schools is still a topic of conversation. The giving of religious gifts to administrators and the funding of schools through tax-payer monies are

Since the founding of America, there has been concern with the church manipulating government. The separation of Church and State was to make sure the church did not become more powerful than government. In spite of wanting a separation of church and state, The United States of America became one nation under God. The earliest test of the separation of church and state with respect to education is McCollum versus Board of Education. This was a landmark case the United States Supreme Court in 1948 ended the power of a state to use its tax-supported public school system in aid of religious instruction. “The court case which prohibited the state from sponsoring specific prayers in public schools was Engel v. Vitale, decided in 1962 by an 8-1 vote.” (Cline p) It is unconstitutional to compose a school prayer and make students repeat it daily. Although these cases protect our religious freedoms, there is some fear that expelling God from public school has adverse effects. God can still be present; teachers can lead by example and teach behaviors and ethics that

Issues involving public schools and religion have been topics involving intense debate. It is difficult for the government to elucidate the appropriate boundaries of religion in the public schools. It is true that teaching about religion is permitted in the public education systems, but the real question is where the margin should be set between teaching religion and simply teaching about religion. It is almost impossible to teach about the history of the United States without teaching that religious beliefs associated with the history, artwork, and literature. More than the public is lead to believe, The Constitution permits religious activities in and around public school buildings. It is unfortunate that the

The educational system has been around for thousands of years, and throughout time, there have always existed equality issues. From girls not being able to attend school as far as the boys, to children being separated into different schools because of the color of their skin, equality in education is an issue that has plagued humanity for far too long. Throughout the years, there have been some important decisions made in an effort to afford equality in education. Perhaps, as we move forward in our thinking and beliefs, we may find a way to make education a right that everyone who has the desire to grow through knowledge should be afforded, regardless of circumstance.

Gobitis and Barnette are two very important cases whose rulings had a big significance on a specific minority and the State. In the Gobitis case the Gobitis kids were expelled from public schools in Minersville School district for refusing to salute the flag. Saluting the flag involved standing and placing your right hand over your heart as you say the pledge of allegiance. It was not done in disrespect but due to their religious belief. The Gobitis’ religion looks down upon saluting the flag or symbols like that. Saluting the flag is a daily exercise that is done by students and teachers. Whoever refuses is expelled and the parents are prosecuted also. When the kids were kicked out of all public schools they had to go to private school where their dad could barely afford it but had no choice. Later on the Barnette case reversed the ruling of the court. It focused more on the constitution and what was legal. It was unconstitutional to punish a student for exercising their freedom of religion and speech. Citizens have rights and it had to be acknowledged, not just kick students out of school for their belief. As stated in the Bill of Rights in the first amendment people have freedom to religion and speech and can freely exercise that. The Barnette case made that obvious and gave the people back their rights. The justices from each case had their own opinion on what they thought was best and what wasn’t. Some were all for giving citizens their freedom of speech

Case number 2: McCollum v. Board of Education, 333 U.S. 203 (1948), this was a United States Supreme Court case dealing with separation of church and state. This case was argued at the United States Supreme Court to the power of a state to use tax money to support public schools to provide religious instruction.

In cases having to do with constitutionality, the issue of the separation of church and state arises with marked frequency. This battle, which has raged since the nation?s founding, touches the very heart of the United States public, and pits two of the country's most important influences of public opinion against one another. Although some material containing religious content has found its way into many of the nation's public schools, its inclusion stems from its contextual and historical importance, which is heavily supported by material evidence and documentation. It often results from a teacher?s own decision, rather than from a decision handed down from above by a higher power. The proposal of the Dover Area School District to

S. Court granted review of the case. Milford Central School’s arguments are that Good News Club is in violation of the Establishment Clause because the organizations purpose is religion and the students, especially the elementary students, would not be able to distinguish the religion instruction from the school instruction. In addition, the school has a “limited public forum” and cannot accept every application or open its doors every time an organization wants it to ("Find Law", 2015). The school related their argument to previous cases, such as, Engel v. Vitale Lee v. Weisman Sante Fe (school prayer), Peck v. Upsher County Board (no bibles in elementary schools), and Widmar v. Vincent (younger students are impressionable). Good News Club’s argument is that the school allows non-related organizations to “use the facilities based on expressive activities.” The club has a neutral viewpoint and is specific on the subject matter of promoting moral values. The club does not violate the Establishment Clause because they are neutral, viewpoint is private and not a reflection of the school, and the club is not endorsed by the school. Additionally, the club is promoting the community to put themselves above others and that is discriminated against its religious speech. The previous cases that the club uses to support their argument are Lambs Chapel v. Moriches School District (religious viewpoint but not religious purpose), Rosenberger b. Rector and

Schempp 374 US 203 (1963), 2015). The Schempp family were Unitarians, so they objected to some ideas in the Bible. They had the option to excuse their children from the Bible reading, but then their children would have missed out on some of the morning announcements. (Supreme Court Cases, 2015) So as to not hinder their children?s learning opportunities, the Schempp family brought their issue to the State appeals court. Later, the State appeals court took the side of the Schempp family and stated the Abington School District violated the Establishment Clause, which is a clause in the First Amendment that prohibits the government from establishing a religion. (Supreme Court Cases, 2015) When the issue was brought to the Supreme Court in 1963, the question was simple, did the Pennsylvania law and Abington 's policy violate the religious freedom of their students that is protected by the 1st and 14th Amendments (Chicago-Kent College of Law, 2015)?

Board of Education (1947) was a New Jersey case that rose to the Supreme Court and lead to a landmark decision. The Board of Education was reimbursing students for taking public transportation to and from both public and private schools. A taxpayer objected to the use of public funds to reimburse any student attending a religious school. The Supreme Court found the state statute allowing the reimbursement valid, in part because the reimbursement was paid to the parents of the students and not a religious institution, and the payments were available to everyone, not only those attending a religious institution. The decision was significant for two reasons. First, the Supreme Court ruled the establishment clause would now apply to the states. Secondly, Justice Hugo Black, in writing the majority opinion, stated, “The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.” This is one of the most egregious cases of judicial activism, trying to accomplish what from the bench what the Legislature could not accomplish in 1876. It is particularly troublesome because the phrase “separation of church and state” does not appear in the Constitution or any federal statute, and the addition of the phrases, “that wall must be kept high and impregnable” and “we could not approve the slightest breach” drastically changes the context in which it was written. Additionally, since

When addressing legal issues of diversity in the modern day era, one main topic is brought to discussion, affirmative action. It was put into place by the federal government in the 1960’s and was initially developed to close the gap in relation to the privileged majority and the unprivileged minority in America (Aguirre Jr. & Martinez, 2003). While it has been controversial since its origin, it remains controversial as critics argue it tries to equalize the impact of so many

The debate on religion in the public school is complicated by the fact that there are two clauses dealing with religion in the First Amendment (Warnick, 2012). The Establishment Clause, which disallows the establishment by the government of any particular religion, and the Free Exercise Clause, which prohibits the state from proscribing the practice of religion, are a source of

Religion in Schools has proven to be a very controversial matter as of lately. Even though teaching about religion is allowed in public schools, there are still many questions that are being asked in order to provide a basis of what is appropriate for school, and what is inappropriate. The first amendment to the United States Constitution says that 'congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof' which implies that you have the choice of exercising your own religion, no matter what it may be. However, this poses an interesting argument within the public schools of America because we have such a diverse population with