The court case, Good News Club, et. al. v. Milford Central School is based on whether a religious group may use a public facility, such as a public school, for their activities, for singing and reciting verses from the bible. Milford Central School, grades kindergarten through 12th, is located in Milford, NY. Milford Central School created a policy, Milford Community Use of Facilities Policy, in 1992 which states that groups could apply to use the facilities after school hours. The groups that are permitted to use the facilities after school hours could hold “social and civic meetings, entertainment events, and other uses pertaining to the welfare of the community”("Find Law", 2015). The policy also states, “School premises shall not be used …show more content…
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 …show more content…
After researching the details of Good News Club v. Milford Central School case, many questions rose about Clark County School District, in which I work. Clark County School District has a “Non-Discrimination and Accessibility Notice” that is very clear of the purpose to not discriminate and what step should be taken if a group feels discriminated against ("Clark County School District", 2014). The U. S. Supreme Courts decision does affect the students as well, especially in high school. Students are allowed free speech as to their religion and are able to form clubs and hold prayer, before and after school. I agree that students and groups (clubs) should be allowed free speech and practice as long as it does not interfere with school instructions and procedures. I still have many unanswered questions: How many groups are allowed access before and after school, per school? Is it on a first apply, first serve basis? How far is too far with religion and culture? Whom are the people that get to decide what groups are at what schools? I will continue to follow up on these questions as I have more discussions with my current principal and supervisor. I feel that it is best to know all the rules and regulations by asking questions, rather than assuming what is right and
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.
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.
1. Yes, I believe the Bible club has legitimate grounds to file suit for use of school facilities. Principal Gayle Dixon’s decision to deny the club use is based on her interpretation of the club’s charter to be discriminatory and not necessarily the law’s or districts.
The First Amendment is designed to protect all citizens by giving them the right to express themselves in different ways. In doing so, we still have to be careful on how we do it. Students have the right to express themselves as long as it does not cause any disruption. In my school district, we abides by the First Amendment by not forbidding all mention of religion in the school system (Pamlico County Board of Education, 2015). The only part that is prohibited is the advancement or inhibition of religion (Pamlico County Board of Education, 2015). My school district feels that there’s nothing unconstitutional about using religious subjects or materials as long as it is in compliance to the neutrality of the education program (Pamlico County Board of Education, 2015).
Des Moines is an important case for free speech in the United States. It affirms that students don’t lose their rights when they go to school. However, it also affirmed that schools can limit speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others” (Tinker v. Des Moines, 1969). However, the Court has ruled that there are times that the school can limit speech. In 1986, the Supreme Court ruled in Bethel v. Fraser that students can be disciplined for using vulgar and offensive language in school (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p. 25). This case differed from Tinker v. Des Moines because that case was about political speech or expression. Another example of where school can limit the First Amendment is school sponsored newspapers. This was affirmed by the Court in Hazelwood v. Kuhlmeier (1988). That decision stated that schools can reasonably limit the content of school-sponsored newspapers (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p.
The right to freedom of expression of ones religion is at stake in this case. Mrs. Williams has a right to express her religion freely. However, based upon the Establishment Clause which prohibits any law “respecting the establishment of religion”, she does not have the right to force others to conform to her way of thinking. At the same time, students and community members have a right to express their religion, too. They also have a right not to have another person’s religion forced on them. So there is only one individual right at stake here, but it is not possible to respect this right of behalf of all the claimants. While the majority of the community, the school board, and some students will feel that it is Mrs. Williams’ right to keep the bulletin board posted, some community members, students, and ACLU feel it is their right not to keep it posted.
The ruling in my case was the Supreme Court ruled in favor of Bridget. They allowed students to meet on school grounds to discuss
In the case of Board of Education of Westside Community Schools v. Mergens, several students in January of 1990 sued the school board alleging that Westside's refusal to allow the students to start a Christian club violated the Equal Access Act. Some students wanted to form this club and be given the same privileges and meeting terms as other after-school schools in this district. The administration initially denied the request, and the school board upheld the administration's decision. The Court of Appeals found in favor of the students in June of 1990.
In summarizing the salient points of the Supreme Court case Elk Grove Unified School District v. Newdow, it had to do with the respondent’s father who sued candidates, including a school region, affirming that the school locale's approach requiring the recitation of the Pledge of Allegiance at his little girl's school damaged the First Amendment. The United States Court of Appeals for the Ninth Circuit found that the father had standing and decided for the father. Certiorari was conceded to audit the standing and First Amendment issues.
Citizens in America are born with a various amount of rights. One of these rights include the freedom of speech and expression. However, school administrators have the ability to restrict a student’s expression. The Supreme Court Cases ‘Bethel School District v. Fraser’ and ‘Frederick V. Morse’ gave schools the right for the administrators to discipline children when they see fit. Students should be able to express themselves in any way without fearing that their school administrators will discipline
A student at Westside High School requested to form a Christian Club that would meet after school. The club would be granted the same privileges as the other student groups at the school, but they did not have a faculty sponsor. Her request was denied by the principal stating that the club would violate the Establishment Clause and the School Board policy requiring a faculty member to sponsor the club. Mergens took her concerns to the School Board. The School Board upheld the principal’s decision. Mergens filed a lawsuit against the Board of Education of Westside Community Schools, for denying the request for a Christian
The Santa Fe Independent School District v. Doe stated that student-led/ student-initiated prayer at high school football games violated the establishment clause of the first amendment. The Baptist religion was promoted in the Santa Fe Independent School District in Texas, which is located between Galveston and Houston. A teacher handed out flyers for a “revival meeting” which involved reading the bible and other Catholic things. They offered prayer up to God at graduations, assemblies, and football games. One mormon student and mother filed suit against the school district. Also, one catholic student and mother filed suit against the school district. Their lawsuit involved that the Establishment Clause was violated many times. They did not
Decision: In 1985, the principal and superintendent of Westside High School (a secondary school in Omaha, Nebraska) cited the Establishment Clause as a reason for denying the request of Bridget Mergens to form a Christian club that would have the same privileges and meet on the same terms and conditions as other Westside student groups, except that it would have no faculty sponsor. Ms. Mergens took the case to court, and won at first. She lost on appeal at the 8th Circuit Court, and then later won in a 8-1 decision from the Supreme Court
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
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)?