The two clauses say, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Before those two court decisions, courts had applied the religion clauses only to actions of the federal government. Board of Education of Ewing Township (1947), that the First Amendment’s Establishment Clause and Free Exercise Clause applied to the states. The Supreme Court stepped into those controversies when it ruled, in Cantwell v. Government displays of religious symbols have sparked fierce battles. The courts have grappled with the meaning of the Free Exercise Clause. The debate over the meaning of the Establishment Clause.įree Exercise and the Legislative and Executive BranchesĪ look at state and federal statutes that protect religious freedom. Government Funding of Faith-Based Organizations The Legal Status of Religious Organizations in Civil LawsuitsĪre legal disputes involving churches and other religious institutions constitutionally different from those involving their secular counterparts, and if so, how? In the early 20th century, liberal Protestants and their secular allies battled religious conservatives over whether students in biology classes should be taught Charles Darwin’s theory of evolution. Similar conflicts erupted during the 1850s in Boston and other parts of New England. In 1844, fighting broke out between Protestants and Catholics in Philadelphia a number of people died in the violence and several Catholic churches were burned. Some Catholics were troubled that the schools’ reading materials included the King James version of the Bible, which was favored by Protestants.
The disputes then were over which Bible and which prayers were appropriate to use in the classroom. In the 19th century, Protestants and Catholics frequently fought over Bible reading and prayer in public schools. For a discussion of vouchers and similar issues, see “ Shifting Boundaries: The Establishment Clause and Government Funding of Religious Schools and Other Faith-Based Organizations.” Because that analysis was published in 2009 and has not been updated, it does not include a discussion of more recent Supreme Court voucher rulings or upcoming cases.Ĭonflicts over religion in school are hardly new. The report does not address questions of government funding for religious schools (that is, school vouchers and tax credits) because the schools in question are largely private, not public. This report includes sections on school prayer, the pledge of allegiance, religion in school curricula, and the religious liberty rights of students and teachers.
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3, 2019, was originally published in 2007 as part of a larger series that explored different aspects of the complex and fluid relationship between government and religion.
teens in public schools (53%) say they often or sometimes see other students wearing jewelry or clothing with religious symbols. For instance, about four-in-ten public school students say they routinely see other students praying before sporting events, according to the survey. Moreover, as a 2019 survey of American teens shows some forms of religious expression are relatively common in public schools. And even in public institutions, there is little debate about the right of individual students, teachers and other school employees to practice their religion – by, say, praying before lunch or wearing religious clothing or symbols. This debate centers on public schools very few people are arguing that religious doctrine cannot be taught at private schools or that teachers at such schools cannot lead students in prayer. Federal courts, they point out, consistently have interpreted the First Amendment’s prohibition on the establishment of religion to forbid state sponsorship of prayer and most other religious activities in public schools. Many civil libertarians and others, meanwhile, voice concern that conservative Christians and others are trying to impose their values on students. Such an effort, these Americans believe, infringes on the First Amendment right to free exercise of religion. Some Americans are troubled by what they see as an effort on the part of federal courts and civil liberties advocates to exclude God and religious sentiment from public schools.
Questions about religion in the classroom no longer make quite as many headlines as they once did, but the issue remains an important battleground in the broader conflict over religion’s role in public life. More than 55 years after the Supreme Court issued its landmark ruling striking down school-sponsored prayer, Americans continue to fight over the place of religion in public schools. (Melanie Stetson Freeman/The Christian Science Monitor via Getty Images)