Case Study: Joseph A. Kennedy V. Bremerton Board Of Education

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.

Freedom of Religion means that the government can’t force you to accept only one set of religious beliefs or the way you worship. You can worship your own way and have your own religious beliefs as long as they don’t violate other people's rights. Today this is a very big debate when it comes to prayer and schools. Several cases have been brought to the Supreme Court about this and whether students have the right to pray in class or if the prayer would interfere with another student’s rights.

The case of Wallace v. Jaffree calls into question the constitutionality of an Alabama statute that authorized teachers to lead a one-minute period of silence for “meditation or voluntary” prayer in all public schools. Ishmael Jaffree, the parent of three students in the Mobile County Public School system filed a complaint that two of his three children had been “subjected to various acts of religious indoctrination,” as a result of Alabama statute 16-1-20.1 and asked for an injunction prohibiting Mobile County schools from “maintaining or allowing the maintenance of regular religious prayer services.” The purpose of Jaffree’s complaint was to prohibit the devotional services occurring in his children’s school and the consequent mockery of his children that occurred when they refused to recite the prayers to “Almighty God” (Stevens, 40). This type of law in Alabama public schools was not the first of its kind. Prior to statute 6-11-20.1, Alabama passed law 16-1-20 authorizing one minute of silence in public schools for meditation. After the authorization of statute 16-1-20.1 came 16-1-20.2, which allowed teachers to lead “willing students” in a prayer (Stevens, 40).

For centuries, the debate has existed whether or not to allow prayer in public schools. Many Americans feel it is not right of the schools to teach religion. With all the diversity associated with the United States, public schools cannot select one standard religion to practice, due to the cultural and religious differences in the country. Not only are schools the storm center of controversy involving religious differences, they are the principal institution charged with transmitting the identity and mission of the United States from one generation to the next. If we fail in our school policies and classrooms to model and to teach how to live with differences, we endanger our experiment in religious liberty and our

A public school in New York during the start of each school day started with the Pledge of Allegiance and followed by a nondenominational prayer. The New York state law also allowed students to skip the prayer if found offensive. A parent of a student attending this school sued deeming the law violated the Establishment Clause of the First Amendment. Supreme Courts majority rule (8-1) claimed YES the public school sponsored prayer violates Establishment Clause of the First Amendment, even with allowing students to skip the prayer, it was still considered unconstitutional. This case is important because Chief Justice, Earl Warren states that school sanctioned prayers, including any type of public promotion of religion, violates the Establishment

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 American education system is one of the main places of controversy for the Separation of Church and State. Almost every child in the United States attends some type of school, many of them public systems. In such a school setting, these children are often exposed to the beliefs of their teachers and administrators, as well as their own classmates. In Greece, New York, ever since 1999, the town board has begun their monthly gatherings with prayer. Rev. Lou Sirianni begins his gathering by stating: "Be thou present, O God of wisdom, and direct the councils of this honorable assembly," the prayer ended, "All this we ask in the name and through the merits of Jesus Christ, Thy Son and our Savior" (Wolf 1). Recently in 2007, two residents who regularly attended board meetings, Susan Galloway and Linda Stephens, complained that the prayers were promoting more of a Christian community than any other religion (Masci 3). Although separation of church and state is stated briefly in the First Amendment, these two ladies had the right to go after the town for not allowing a freedom of religion and for most importantly throwing religion into a government owned school function. The case was brought to the Supreme Court in 2007 and is still under debate, with a result hopefully by the end of June 2014. The question is whether or not this prayer is allowed at a school function. Not everyone is willing to put

Intro- about 10 ten years ago, in the year 1951,the New York Board of Regents approved a “Quote” “nondenominational prayer”. It was 22 words long and The blandest of invocations read as follows: "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country." voluntary prayer for recitation at the start of each school day. A group of parent in New Hyde Park, New York Steven Engel was a parent in New Hyde Park, New York. He and a group of other parents objected to the daily speaking of the prayer, even though it was voluntary, at the start of each school day. Steven Engel and his group of supporting parents sued William Vitale, the president of the local school board. The parents reasoning was that this optional prayer didn’t align with the views of the Establishment Clause of the First Amendment of the United States Constitution. The 1st amendment says 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 government for a redress of grievances.” The establishment clause states quote, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Originally, the Establishment Clause was only added to the Constitution to keep the federal government from establishing a national religion.

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).

In the mid 90’s, at Santa Fe High School in Texas, a student had been elected to deliver a prayer over the loud speakers before every home varsity football game. In 1995 two sets of families took exception to this, and filed suits challenging the schools practices, one Mormon and the other Catholic. These families believed that it went against the Establishment Clause of the

Most individuals on the liberal spectrum tend to agree with the courts when it declared government sponsored prayers are unconstitutional. The less conservative individuals show a tendency to believe that any amendment that allows for voluntary prayer would contradict the first amendment guarantee against government establishment of religion. Most on the liberal spectrum or those that feel the government does not have enough power feel that any sort of Government action to allow voluntary prayer in schools could be at the cost of the civil rights of students. It is believed that any amendment or law consenting for voluntary prayer would diminish the very heart of the Bill of Rights; which protects the rights of people from the oppression from the majority. Those that do not allow or want to allow prayer in school think that any amendment affirming that prayer should be allowed in school would actually introduce assembled prayer or force persons into prayer. Those that clash with prayer in school fear that judgement against those that do not participate in school prayer. Those in the small percentage that do not want to participate would be obligated to follow to a belief or ritual that which they do not believe. This could cause the individual to suffer the humiliation or burden of submitting a day-to-day spiritual exercise continuously in order to avoid being singled out by mainstream colleagues and educators.

The issue of school prayer is not one of religious freedom, as it is already legal for children to pray in school, either individually or in groups. Since the Engel decision in 1962, religious advocates have been assailing the Supreme Court for "taking God out of the classroom." In an effort to reverse this trend, conservative religious groups have been fighting for the passage of a school prayer amendment to gain greater leeway for religious activities in schools.

The Supreme Court has just received Santa Fe v the people, in this case the students was banned from saying a prayer at a foot ball game . The constitution protects the right to free speech. Therefore, there is no reason for this case to have come up in the first place. If someone does not want to hear a prayer, they do not have to listen to it. If I were the judge I would rule that banning prayer at school events is unconstitutional.

Prayer plays such a big role in many people’s lives. It happens each and every day and multiple times throughout the day. Even though it can play a huge role in someone’s life, it cannot be practiced in schools. Prayer in school has been a very controversial topic for many years. According to Steven K. Green, “On June 25, 1962, the United States Supreme Court decided in Engel v. Vitale that a prayer approved by the New York Board of Regents for use in schools violated the First Amendment by constituting an establishment of religion (Green 1).” It has since then been taken out of school preventing teachers to preach or teach about religion.