POS 500 Topic 5 DQ 1 and 2
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Grand Canyon University *
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Course
500
Subject
Law
Date
Apr 3, 2024
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docx
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3
Uploaded by DrStarEel30
Topic 5
DQ 1:
May students express religious beliefs in class discussion or assignments or engage in prayer in the classroom? What are some limitations? Support your position with examples from case law, the U.S. Constitution, or other readings.
Hi Class and Professor, I believe that students should be allowed to express religious beliefs in school. I have a student who chose to do independent book study as an alternative to reading the play Macbeth because she and her mom stated that it was against her religious beliefs. Macbeth has witches who predict a future for Macbeth, and it is something that she and her mom don’t practice or believe in. This was not a disruption to the educational process as I gave her 3 options to choose from for an alternative to reading
Macbeth. However, back in 1969 students from a public school in Des Moines, Iowa wanted to wear black arm bands to protest the Vietnam War. The principal of the school threatened to suspend any student that wore a black arm band. The students were suspended, and the parents came together and filed a lawsuit against the school.
This came to be known as the Tinker v. Des Moines Independent Community School case. In this case the supreme court ruled in a 7-2 decision that neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” (Administrative Office of the U.S. Courts, 1969) The arm bands were viewed as a distraction in school and that the principal was attempting to remain order at his school. The students are there to learn instead of teaching. The arm bands could have been viewed as a student-
led lesson. There are still many controversies regarding religion in school. Controversies surrounding religion can date back to 1940 when the Supreme Court needed to step
in to make many clauses surrounding religion. In 1940, in the case of Cantwell v. Connecticut and Everson v. Board of Education of Ewing Township, the Supreme Court made a ruling of adding two clauses that say, “Co
ngress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” (Pew Research Center, 2019)
This also means that schools cannot force students to learn about religion, but they cannot restrict students from their religious beliefs. Students who are in religious private schools where parents and students know that religion is part of the curriculum then the school can teach religion in schools.
Administrative Office of the U.S. Courts. (1969, February 24). Facts and Case Summary - Tinker v. Des Moines
. United States Courts. https://www.uscourts.gov/educational-
resources/educational-activities/facts-and-case-summary-tinker-v-des-moines
Pew Research Center. (2019, October 3). Religion in the Public Schools
. Pew Research Center’s Religion & Public Life Project; Pew Research Center. https://www.pewresearch.org/religion/2019/10/03/religion-in-the-public-schools-
2019-update/
DQ 2
Do all student-led religious groups have an absolute right to meet at K-12 schools? If not, discuss one limitation under the Equal Access Act. May a teacher be a sponsor of the club? Can the teacher participate
in its activities? Why or why not? Support your position with examples from case law, the U.S. Constitution, or other readings.
HI Class and Professor, In 1984, the Equal Access Act was passed to combat discrimination against student groups in public high schools. Even though public schools are not allowed to push religion on students it is “believed that non-school-sponsored student speech, including religious speech, should not be excised from the school environment” (Shriver) As teachers we are government employees, therefore we must not engage in coercing students to sway towards religion at all or from religion or another. We must remain neutral and follow the rules when it comes to things like these. As government employees, we also have the right not to participate in religious clubs if we choose not to. Students can express religious views and ideas during school, in the prayer section, but there are some areas where the school can limit that expression. (United) Again, the public school cannot run a religious club, but the students can start and run their own clubs. A teacher may be a “Sponsor” for that club but not be pressured into doing so. A teacher
may also attend club events to ensure student safety and protection of the school property, but a teacher cannot participate. (United) In 1990 a case was brought to court alleging that Westside High School denied students the right to form a Christian club with the same privileges and meeting terms as other Westside after-
school clubs. The school stated that they could not allow this group due to lack of faculty sponsors. This is now known as the Mergens v Westside High School case. Mergens and several other students sued alleging that the refusal of Westside High School violated the Equal Access Act. (Oyez) In a vote of 8-1 vote, the Supreme court stated that the Equal Access Act was violated for the students. This was because the school did allow other non-curriculum clubs to be
formed and run after school.
References:
Oyez. “Board of Education of Westside Community Schools v. Mergens by and through Mergens.” Oyez
, 2019, www.oyez.org/cases/1989/88-1597
.
Shriver, Marie. “Can Public Schools Have Religious Clubs?” Freedom Forum
, 17 Sept. 2002, www.freedomforum.org/religious-clubs/
.
United, Americans . Teachers’ Rights and Responsibilities KNOW YOUR RIGHTS
.
.
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