Ch. 13.2 Freedom of Religion:

1
Ch. 13.2 Freedom of Religion Student Rights at
school
2
Separation of Church State

• There is no such phrase in the constitution.
• So where does it come from?
• The establishment clause!

Student Rights at School
3
Separation of Church State
The Establishment Clause
Congress shall make no law respecting an
establishment of religion or prohibiting the free
exercise thereof 1791. The First Amendment
of the U.S.
Constitution So what does this mean for
students?
Student Rights at School
4

1. Students have the right to Pray at school

OnlyOfficial State composed prayers are
excluded from the school. Engle v. Vitale
1962.
Student Rights at school
5
2. Students have the Right to Meet together for
Bible Study
it shall be unlawful for any public secondary
school to deny Equal access to any students who
wish to conduct a meeting on the basis of the
religious content at such meetings. The Equal
Access Act -1984 .
Student Rights at School
6
The Equal Access Act
Important Congress recognized that our
government should not promote religion.
However, the Equal Access Act doesnt promote
religious activity, rather it gives it neutral
treatment. What does this mean?
Student Rights at School
The Equal Access Act -4071(c)(4)
7
The Equal Access Act
Does the Equal Access Act apply to every school?

• if its a secondary school
• if it receives Federal funding
• if has a limited open forum

Student Rights at School
The Equal Access Act -4071(a)(4)
8


The Equal Access Act
What is a limited open forum?

• Some places like parks are a completely open
  forum
• Schools have a created an open forum for a
  particular group of people Students.

Student Rights at School
The Equal Access Act -1984
9



The Equal Access Act
Do all schools have a limited open forum?

• No. But most do.
• If any non-curriculum student groups are
  allowed to meet, then the Equal Access Act is
  triggered.
• Do we have any here at Cuyahoga Falls High?

The Equal Access Act -1984
10


The Equal Access Act
Does that mean that anybody can start a club for
any reason?

• any beliefs
• any size

As long as the meeting does not materially and
substantially interfere with the orderly conduct
of educational activities within the
school. The Equal Access Act -4071(c)(4)
11



The Equal Access Act
Can we talk about anything we want to?

• The school does not need to concern itself with
  the content of the religious speech only
  whether the speech
• Is illegal
• Threatens the well-being of teachers or
  students
• Is not voluntary
• Materially substantially interferes with
  the orderly conduct of
  educational activities within the school

The Equal Access Act -4071(c)(4)
12



The Equal Access Act

• What about gay lesbian groups?
• What about atheists?

As long as the meeting does not materially and
substantially interfere with the orderly conduct
of educational activities within the school. The
Equal Access Act -4071(c)(4)
13



The Equal Access Act
What about non-school persons?
non-school persons may not direct, conduct,
control or regularly attend activities of student
groups. The Equal Access Act -4071(c)(5)
14
3. Students have the Right to Be excused.
Public students cannot be forced to participate
in activities that violate their religious
convictions. West Virginia Board of Education
vs. Barnette. 1943 .
15
4. Schools may Accommodate students religious
needs.
Students may be released during the school day
to receive religious instruction off
campus. Called Release time education. (Varies
state to state) Zorach v. Clauson 1952.
16
5. Students may engage in controversial Speech.
They may discuss controversial topics concerning
religious, political and philosophical
viewpoints. Healy v. James 1972.
17
6. Students do not shed their Constitutional
Rights at the Doors of their School
Both teachers and students retain their First
Amendment rights while on school grounds.
Tinker v. Des Moines Independent School
District. 1969
18

• Does this mean you can practice a religion
  during the school day?
• NO!!!
• Free exercise Clause
• Congress shall make no law prohibiting the free
  exercise of religion.
• What does that mean?
• You can believe in anything you want.
• You cant behave as you wish!