Religion in Schools 1

The First Amendment: Religion in Schools

Kayla G. Clarke

JOMC 393

North Carolina A&T State University

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The First Amendment, along with the other nine amendments, were ratified on September

25, 1789. On December 15, 1971, the first ten amendments were officially adopted. The First

Amendment states “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.”

“Congress shall make no law respecting an establishment of religion or prohibiting the

free exercise thereof”. Coming from the First Amendment, this quote states that Congress

respects no religion that’s established. This one statement brings in a lot of questions because the

First Amendment discusses the freedom of speech, freedom of press, and the freedom of

religion. So why is prayer and Bible reading prohibit from the public-school system?

Religion started all the way in England and made its way to the United States when the European

settlers came to exercise their religion beliefs freely. In most public schools in the early days,

classes started with a biblical recitation. “For example, the New England Primer had a solemn

prayer to be recited every day, which states, “Oh Lord God, I beseech thee, of thy fatherly

goodness and mercy to pardon all my offenses which in though, word, or deed, I have this day

committed against thee and thy holy law” (The New England Primer, 1805).

Before the 1960s, religion was a huge thing in the public-school system. However, in one

case that changes everything.

In 1962, Engel v. Vitale was a huge landmark in American history because it removed

prayer from the public-school system. “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 because it represented establishment of religion. In 1963,
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in Abington School District v. Schempp, the court decided against Bible readings in public

schools along the same lines.” (Starr, 2014)

Along with the dismissal of prayer and biblical recitation from the public-school system,

teachers and other personnel were not allowed to do the following: promoting a certain religion

over another, do certain things to make one religion better than another, and being antagonistic to

religion in general. With so many laws in place, religion still somehow creeps back into the

public-school system.

In the case Stone v. Graham, they ruled that the use of the Bible will be constitutionally

when it is appropriately studied for history, civilization, and ethics etc. “Schools may teach about

religion, explain the tenets of various faiths, discuss the role of religion in history, literature,

science and other endeavors, and the like, as long as it has a secular purpose to promote

educational goals, and there is no effort to promote or inhibit any religious belief.” (NCAC)

There have been many cases that have pointed out many restrictions in religion in schools

as well.

School Sponsored Prayer

Stated in the first cases against prayer and bible reading, these two are excluded from the

public-school system. In the case Wallace v. Jaffree, an Alabama law permitted teachers to

conduct prayer in the classroom during the school day. Three children out of the class reported

back to their parents about the religious practice in school. Jaffree reported that him and his

children were ripped of their constitutional rights. The court agreed that Jaffree’s right had been

violated. (4LawSchool, 2012). The reason Jaffree won this case is because it was religiously

neutral meaning it promoted a single religion over other religions.

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That is another key point as to why religion is not in the public school. There are so many

different religions and how they pray, or worship is different in every religion.

America is best known for diversity in language, race, and religion. In the United States

alone, there are over 300 religions. Some religions may not worship or believe that Sunday is the

day of rest, but it may be another day out of the week. Other religious groups practiced in

American can be Methodist, Lutheran, Islam, Catholic, and so many more. Each one is different

in everywhere.

America was based off of Christianity which is why Bible reading and prayer was

involved so much into the school system. However, the more and more United States grows, the

more culture and religions come over to America as well. That is a very important reason why

religion was banded from the public-school system because it wouldn’t be fair to encourage one

religion over the other.

Student Led Prayer

Student led prayer at sporting events like football games and basketball games is also

unconstitutional because it can come across as an endorsement for a certain religion. In the case

Santa Fe School District v. Jane Doe, the graduating students wanted to vote on having prayer

during the invocation. Unfortunately, months later the Dist passed a law stating that was no

longer allowed. Although this seems different, the government sees it the same under the first

amendment. “While the case leaves open the possibility that student-initiated prayer is

permissible under some circumstances, it is clear that schools must exercise care to avoid the

appearance of promoting religion.” (NCAC) This was just unusual case out of the many, but one

other case involving a first grader not allowed to read The Beginner’s Bible for a class

assignment. It’s very interesting when religion is allowed in public school and when it isn’t.
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Religious Holidays in Schools

Religious holidays have not been such a big issue in the public-school system. Christmas,

Good Friday, and many more days are recognized with no school or early dismissal. Although

these holidays are talked about in class, teachers are not allowed to observe these holidays as

religious events.

Along with having no classes on these certain holidays, other religion holidays

unfortunately are not recognized. Jewish or Islamic holidays are not celebrated in school. Along

with the Jewish holidays, the students can miss class, but students would have to go through

certain obligations.

“The Anti-Defamation League (ADL) firmly believes that to create welcoming and

respectful school and workplace environments, diligent efforts should be made to accommodate

observance of the High Holidays and other religious practices with school or work

responsibilities in a meaningful way.” (ADL) Although certain religions are recognized in the

public-school calendar, students can take the appropriate days off.

Religious Messages in School

Schools are also not allowed to display messages in the school hallways or the school

classrooms. The case, Stone v. Graham was a case in 1980. The court was important and

significant because the school officials posted the Ten Commandments on a wall in the school.

This act violated the First Amendment in which the display had to be taken down. “The Supreme

Court held that the Kentucky statute violated the first part of the so-called Lemon test. The court

rejected arguments that the notation on the bottom of the Ten Commandments was sufficient to

indicate the secular purpose of the posting. Moreover, the court was of the opinion that the

posting of the Ten Commandments was clearly religious and not educational.”
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All of these situations have been issues in the public-school system. However, one may

ask why private schools still have prayer and bible reading in their schools. Private schools were

built on Christianity. That is their foundation so prohibiting prayer and bible reading out of

private schools is out of the question. Some parents choose to send their child to private school

just so they can build a strong moral background. “Most religious schools get students enrolled

based on their parents’ religion. Children will not necessarily follow the same religious path of

their parents; however, many parents choose this for their children because they want to build a

strong moral background.” (Curen, 2017) Altogether, if parents want their children to obtain a

moral background at younger age, private school can be a option.

There are many rules and laws that encompass religion in schools. Praying privately over

lunch or just in general is okay; however, publicly it is now okay because of course the First

Amendment but also because it is promoting one religion over another.

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Citations

Rosenblith, S. (2017, June 20). Religion in Schools in the United States. Retrieved from

http://education.oxfordre.com/view/10.1093/acrefore/9780190264093.001.0001/acrefore-

9780190264093-e-46

Starr, P. (2014, August 15). Education Expert: Removing Bible, Prayer from Public Schools Has

Caused Decline. Retrieved May 9, 2018, from https://www.cnsnews.com/news/article/penny-

starr/education-expert-removing-bible-prayer-public-schools-has-caused-decline

NCAC. (n.d.). The First Amendment in Schools: Resource Guide: Religious Expression in the

Public Schools. Retrieved from http://ncac.org/resource/the-first-amendment-in-schools-

resource-guide-religious-expression-in-the-public-schools

4LawSchool. (2012). Wallace v. Jaffree Case Brief. Retrieved May 9, 2018, from

http://www.4lawschool.com/case-briefs/wallace-v-jaffree/

ADL. (n.d.). School & Workplace Accommodations for the Jewish High Holidays. Retrieved

May 9, 2018, from https://www.adl.org/education/resources/tools-and-strategies/school-

workplace-accommodations-for-jewish-high-holidays

Curen, J. V. (2017, December 14). Religious Vs. Non-religious Education in Private Schools.

Retrieved May 9, 2018, from https://farragut.org/religious-vs-non-religious-education-in-private-

schools/