- First Amendment - U.S. Constitution
- Establishment Clause
- Amendment I
- Introduction to the Establishment Clause of the First Amendment
First Amendment - U.S. Constitution
Some colonies experimented with religious freedom while others strongly supported an established church. Both Jefferson and fellow Virginian James Madison felt that state support for a particular religion or for any religion was improper. They argued that compelling citizens to support through taxation a faith they did not follow violated their natural right to religious liberty. During the debates surrounding both its writing and its ratification, many religious groups feared that the Constitution offered an insufficient guarantee of the civil and religious rights of citizens.
To help win ratification, Madison proposed a bill of rights that would include religious liberty. As presidents, though, both Jefferson and Madison could be accused of mixing religion and government. Madison issued proclamations of religious fasting and thanksgivings while Jefferson signed treaties that sent religious ministers to the Native Americans. It was not until after World War II that the Court interpreted the meaning of the establishment clause.
In Everson v. Board of Education , the Court held that the establishment clause is one of the liberties protected by the due process clause of the Fourteenth Amendment, making it applicable to state laws and local ordinances. Since then the Court has attempted to discern the precise nature of the separation of church and state. In the Court considered the constitutionality of a Pennsylvania statute that provided financial support to nonpublic schools for teacher salaries, textbooks, and instructional materials for secular subjects and a Rhode Island statute that provided direct supplemental salary payments to teachers in nonpublic elementary schools.
In Lemon v. Kurtzman , the Court established a three-pronged test for laws dealing with religious establishment. Twenty-six years later the Court modified the Lemon test in Agostini v. In County of Allegheny v. Kennedy in his dissent developed a coercion test : the government does not violate the establishment clause unless it provides direct aid to religion in a way that would tend to establish a state church or involve citizens in religion against their will.
In Lynch v. Her fundamental concern was whether government action conveyed a message to non-adherents that they are outsiders. The endorsement test is often invoked in religious display cases. In McCreary County v. American Civil Liberties Union , the Court ruled that the display of the Ten Commandments in two Kentucky courtrooms was unconstitutional but refused in the companion case, Van Orden v. Perry , to require the removal of a long-standing monument to the Ten Commandments on the grounds of the Texas State Capitol.
That's why many school voucher programs violate the Establishment Clause -- because they give taxpayers' money to schools that promote religion. The government can't penalize you because of your religious beliefs. In , the Supreme Court decided Lemon v. The public schools are run by the government. Therefore, they must obey the First Amendment. This means that while they can teach about the influences of religion in history, literature, and philosophy -- they can't promote religious beliefs or practices as part of the curriculum.
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Since private and parochial schools aren't run by the government, the First Amendment doesn't apply to them. Also, students can be excused from some school activities if they conflict with their religious beliefs.
Introduction to the Establishment Clause of the First Amendment
Prayers, scriptural readings, and loudspeaker devotionals violate the First Amendment because they promote religion. Moments of silence might be unconstitutional -- it depends on whether or not the real reason they're being held is to encourage prayer.
In , the Supreme Court decided in Lee v. Think about it: graduation prayers would give non-believers or kids of other faiths the feeling that their participation in prayer is required. It doesn't matter who leads the prayer -- a minister, a priest, a rabbi, whoever, or whether the prayer is non-denominational -- some kids would feel left out. Student-led prayer is unconstitutional too. Just because a student or group of students leads the prayer, the graduation ceremony is still a school-sponsored event, right? It just can't be sponsored by the school.
Student, parent or church groups can organize it -- but it still must be held off of school grounds.
That doesn't change anything. These can't be taken away, even by "majority rule. Think about your friends who have different faiths or no religious beliefs at all. Or worse, they'd feel like the school thought your religion was better than theirs. Put the shoe on the other foot for a second and think about how that would make you feel!
Individual students have the right to pray whenever they want to, as long as they don't disrupt classroom instruction or other educational activities -- or try to force others to pray along with them. If a school official has told you that you can't pray at all during the school day, your right to exercise your religion is being violated. Contact your local ACLU for help. It depends. But a Nativity pageant, which is full of religious meaning, could be considered unconstitutional.
So your Bible club couldn't be the only group allowed access to the school grounds. Neither could your school let other student groups use the building for meetings and events and deny your Bible club the same opportunity. The organized distribution of Bibles or any other holy book during the school day is unconstitutional, even if teachers aren't the ones actually handing out the Bibles, and even if they're not used as a part of the school's educational program.