Topic 5 First Amendment Religion and Education

docx

School

Grand Canyon University *

*We aren’t endorsed by this school

Course

500

Subject

Philosophy

Date

Apr 3, 2024

Type

docx

Pages

Uploaded by DrStarEel30

First Amendment Religion and Education Wendy Olalde Grand Canyon University: POS 500 Professor Scaros March 13, 2024

As a teacher we must tread lightly when it comes to religion in our classrooms. If a student submitted an essay on Jesus and a drawing of the Last Supper, it would defiantly put a teacher in a difficult position. This is a reason why the Establishment Clause and the Free Exercise Clause were created because they aid in solving issues that arise like this one. Both are frameworks to help protect people and their rights such as “The Establishment Clause prohibits the government from making any law respecting an establishment of religion. (United) Citizens are protected by the Free exercise Clause because it gives them the “right to practice their religion”. (“Interpretation: The Free Exercise Clause | the National Constitution Center”) Orginally there was not a precise definition on ‘establishment” but since then the Supreme Court has set a three-part test. An example would be the “Lemon” test where the government can assist religion only if (1) primary purpose of the assistance is secular, (2) the assistance must neither promote nor inhibit religion, and (3) there is no excessive entanglement between church and state. (United States Courts) There have been many court rulings related to the educational system and religion as well as it has been a topic of confusion for many people. Society has become accustomed to freedom of expression for many years, but this raises confusion for religion and public schools. Not only has the idea of “prayer in schools” been under a microscope but so has the pledge of allegiance because it states the word God in it. Most people are confused about whether it can be a part of the public education system and what is not allowed. The Supreme Court had to make that decision in 1963 in Abington School District v. Schempp. In this case schools were required to read from the bible at the opening of each school day under a Pennsylvania law. (Oyez) The Supreme Court ruled this as violating the First Amendment and that it was unconstitutional. This is just an example of a case, however cases like this can be traced back to 1859. The case of

Commonwealth v. Cooke (1859) a Massachusetts's court ruled against the state’s prosecution of a teacher at a public school for corporal punishment of a student who refused to read from the Bible. (Vile) Upon reading the case it was learned that the 11-year-old student was using his First Amendment right to not be part a religious action that was being presented in class and the teacher took long thick ratton stick and hit his hands repeatedly for 30 minutes. As for the essay that the student turned in, the teacher should use discretion and how they want to go about it in their classroom. In 1995 the Supreme Court rejected the case of Settle v. Dickson County School Board because teachers have the authority over curriculum. (Hudson) Settle was the student, and she wrote and turned in a research paper on Jesus. However, the teacher did offer for Settle to select another topic, but she refused. The teacher felt it would be hard for her to evaluate and grade the paper due to her own beliefs. After receiving the zero Settle petitioned the court. The First Amendment and Free exercise Clause protects the students and teachers. The essay that was written about the Life of Jesus and the drawing of the last supper should be seen as a secular symbol and nothing else. As for displaying in the room, it would be hard to do that due to other students' beliefs that share the classroom. If the teacher does not see any issues in grading the paper and drawing fairly then it should be fine with the understanding that it would not be displayed in the classroom. However, it is the authority of the teacher and the curriculum. References

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Hudson, David. “Settle v. Dickson County School Board (6th Cir.) (1995).” The Free Speech Center , 1 Jan. 2009, firstamendment.mtsu.edu/article/settle-v-dickson-county-school- board-6th-cir/. “Interpretation: The Free Exercise Clause | the National Constitution Center.” National Constitution Center – Constitutioncenter.org , 2014, constitutioncenter.org/the- constitution/amendments/amendment-i/interpretations/265#the-free-exercise-clause. Oyez. “School District of Abington Township, Pennsylvania v. Schempp.” Oyez , www.oyez.org/cases/1962/142 . United States Courts. “First Amendment and Religion.” United States Courts , 2019, www.uscourts.gov/educational-resources/educational-activities/first-amendment-and- religion . United, Americans . Teachers’ Rights and Responsibilities KNOW YOUR RIGHTS . Nov. 2022. Vile , John . “Commonwealth v. Cooke (Mass.) (1859).” The Free Speech Center , 1 Jan. 2009, firstamendment.mtsu.edu/article/commonwealth-v-cooke-mass/. Accessed 13 Mar. 2024.

Topic 5 First Amendment Religion and Education

Related Documents