The Argument Of The First Amendment

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

Our first amendment to the United States Constitution reads; Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the

The First Amendments Establishment clause prohibits the government from making any law “respecting an establishment of religion.” One argument regarding to The Establishment Clause is how to manipulate the government’s actions that relate to religion. (law.cornell.edu) The First Amendment also has a Free Exercise Clause. This clause protects citizen’s right to practice religion to their will. Their right is protected as long as their practice does not disturb “public morals.” (uscourts.gov)

The first clause of the first amendment to the United States Constitution reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (“First Amendment” 1). In Santa Fe, Texas, a student “chaplain” was elected by his or her classmates to give pre-game prayers at high school home football games over the school’s public address system. Several students sued, arguing that such solemnizing statements or prayers constituted an endorsement of religion, violating the Establishment Clause of the first amendment. The district countered that the pre-game invocations were a long-standing tradition in Texas communities, and because the prayer came from

The First Amendment of the Constitution of the United States guarantees its citizens freedom of religion, free speech, a free press, the right to peacefully assemble and the right to petition the government for redress of grievances. A public high principal holds a position of oversight of a government run facility. A public school principal has a duty to uphold the Constitution. A high school principal may allow students to continue a tradition of beginning graduation ceremonies with prayer, as long as certain conditions are met. The students (not the school or any of its employees) must initiate the prayer. A student (not a teacher or school employee) must be the one to recite the prayer. Students must be allowed to participant voluntarily when praying. Any student who elects to remain silent or asks to be excused during the prayer must not be sanctioned or punished for their non-participation. Essex (2012) states, “If student prayer is initiated solely by students with no coercion or involvement by school personnel, it is permissible and does not violation the separation of church-state in the First Amendment” (p. 176).

This sector of the 1st Amendment is called the Establishment Clause. After a case called Lemon v. Kurtzman in 1971 regarding religious freedom in public schools, a test to ensure that a law was respecting the Establishment Clause was created. “First, the legislature must have adopted the law with a secular purpose. Second, the statute’s principal or primary effect must be one that neither advances nor inhibits religion. Third, the statute must not result in an excessive entanglement of government religion.” This three-pronged test helps ensure that everyone, including students in public schools, have a right to their own religious freedoms and no particular religion is forced upon them which is what the Establishment Clause is all about in the first

Students were required to recite a prayer in school in the state of New York. Five Jewish families were upset about the prayer, because it did not align with their religion. They, too, lost their local and state cases. When they reached the Supreme Court, the school system lost the case. The Court ruled that the school is state funded and cannot require students to pray.

The Supreme Court has shaped the interpretation of religious freedom within the United States through rulings on cases regarding the First Amendment. Some of the early cases heard resulted over the amount of religious liberty and the spreading of First Amendment protections towards the state level. These cases stem as far back as 1778, where the court ruled that prohibiting polygamy violates no religious freedoms within the Mormon faith (11). In 1940 the Supreme Court ruled in favor of state laws having secular purpose in the case Cantwell v. Connecticut. This extends the Free Exercise Clause to state level (12). From 1948 to 1985, the Supreme Court decides cases that pertain to religion in public schools. This includes a case in 1962 dealing with the Establishment Clause, Engel v. Vitale, in which limits were made towards prayer in schools (11). During the late eighties and into the later half of the nineties, with the Court’s narrowing of the rights towards the exercise of

In 1992, a student of Santa Fe High School in Texas said a prayer before a football game. This student was elected by other students of the school to speak before the game which was regularly allowed by the Texas school district. The school’s policy specifically stated that any speeches given were to be non-religious, but the court ruled that the policy violated the Establishment Clause. The court argued that since the football game is a school sponsored event that the speeches would also be received by the public as school sponsored. The final decision in the Santa Fe Indep. School Dist. v Doe court case was that the school was only allowed to “promote good sportsmanship and student safety, along with establishing the appropriate environment

Today, in America, there still is the controversy about prayer in public schools. Many parents and supporters of prayer, believed that schools and school districts that participate in prayers tend to have students that are less prongs to get into trouble in school and trouble with the law. Most parents believe if we had prayer in schools, we would have less problems with gangs, less violence in school, bullying, sexting, better grades, and less drop-outs. They believe that students do not want others to see them praying and turn around and get into trouble. This action will be considered as a double standard. Even though many say that we cannot pray in schools, the courts also say that public schools cannot interfere with students’ rights

Recently a high school football coach was relieved of his duties because he prayed on the field after a football game. In other games throughout the country, coaches have had verbal and physical altercations with players, parents, opposing coaches and referees. The Establishment Clause of the Civil Rights Act forbids school district employees from praying in public, calling it an act of religious coercion. Does seeing a man pray cause more upset than watching grown men fight each other over a disagreement? Will the inclusion of a five minute time period at the beginning of class to give students an opportunity to pray if they wish cause emotional harm to those who are nonbelievers?

The Supreme Court has held that student expressive activity—including prayer—cannot be impeded by the public school unless the activity creates a material and substantial disruption to the school 's ability to fulfill its educational goals. Any attempt to restrict such speech is unconstitutional where there has been "no finding and no showing that engaging [in the activity] would 'materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.” (Restricting Religious Expression in Schools Is Unconstitutional.)

There are three landmark cases most relevant to the discussion on religious expression and school prayer. Engle v. Vitale is a case where the Court held that recitation of a prayer composed by the New York State Board of Regents, which was to be said in the presence of a teacher at the beginning of school each day, was unconstitutional and in violation of the Establishment Clause. School District of Abington Township v. Schempp presents a case where the Court held that reading the Bible for sectarian purposes and reciting the Lord’s Prayer in public schools during normal hours were unconstitutional; however, the Court asserted that the Bible could be read as literature in

The First Amendment addresses several personal freedoms. The first clause of the First Amendment, the establishment of free exercise of religion clause, was the focus on taking legal action in education. There have been many cases and disputes that argue the appropriate government relationship in relation to religion. Three of the issues that the cases dealt with was (1) school practices objected to on the basis of promoting or inhibiting religion, (2) curriculum content, and (3) public funds used to provide support to nonpublic schools or to students or parents of students attending nonpublic schools. Some argue that the Pledge of Allegiance divides us on a religious basis because of the phrase “under God”. California has already banned the Pledge of Allegiance in three public school districts due to the reference to God because since public schools are funded by the government, they argue that the Pledge conflicts with the government’s endorsement of a religion. The second clause of the First Amendment deals with the freedom of speech and press. Teachers and students have both claimed that their rights to express themselves have been violated in many ways. Teachers have also become more conflicted with the types of teaching materials and practices

It has been more than 50 years since the U.S. Supreme Court banned prayer in public schools in the now infamous case Engle v. Vitale. (United States Courts, n.d., para. 4). By ruling that school-sponsored nondenominational prayer in public schools violated the First Amendment of the Constitution, the practice became impermissible in all public schools throughout the country. In the year following Engle v. Vitale, the Supreme Court heard a similar case in Pennsylvania which contested school-sponsored bible reading and recitation of the Lord’s Prayer. The ruling followed the previous decision by declaring such activities unconstitutional. (Americans United, n.d., para. 5). The topic continues to be a source of debate as to whether the separation of church and state is to protect freedom of religion or freedom from religion. However opposite both sides of the