Religion and Student Rights in Schools

1
Religion and Student Rights in Schools

• Alpha Team
• Jeff Alderman
• Alison Anson
• Connie Brackney
• Lisa Broadbent
• Jackie Ebbert

2
Schools and the Pledge of Allegiance

• Illinois School Code
• Policy 105 ILCS 5/27-3

3
The Illinois School Code States

• The Pledge of Allegiance shall be recited each
  school day by pupils in elementary and secondary
  educational institutions supported or maintained
  in whole or in part by public funds.

4
Pledge of Allegiance

• Therefore, all students will have an
  opportunity to participate in the Pledge of
  Allegiance to the flag of the United States of
  America during the beginning of the students
  school day.
• All members of the school community will be
  encouraged, but not required, to participate in
  the Pledge of Allegiance.

5
Pledge of Allegiance

• Those individuals who decline to participate must
  do so in a non-disruptive, respectful manner, but
  may not be subject to harassment or reprisal for
  their decision. Appropriate disciplinary action
  shall be taken against any student or staff
  member who engages in conduct contrary to the
  directions of this policy.

6
Holidays

• The United States does not have national
  holidays.
•        A day where all employees in the U.S.
  receive a day free from work and all business is
  halted.
• Federal holidays are holidays in which the
  government and postal system is closed for
  business.
•         Federal holidays often close schools as
  well, though this is
• not always the case.
• Each school district has the right to select the
  days of the year that they will be open or closed
  which may or may not have an affect felt by the
  government holidays.

7
Federal Holidays

• Federal holidays are designated by Congress in
  Title V of the United States Code.
•         Congress has established 11 permanent
  federal holidays.
•         States individually decide their own
  legal holidays.
•        1885 holiday leave was given to all
  federal employees for the first five
  congressionally designated federal holidays New
  Years Day, George Washingtons Birthday,
  Independence Day, Thanksgiving Day, and Christmas
  Day.
•         Memorial Day and Labor Day followed in
  1888 and 1894.
• httpwww.law.cornell.edu/uscode/5/6103.html

8

•         1938 Armistice Day was created to mark
  the close of WW1 (1954 its name was changed to
  Veterans Day to honor Americans who fought in
  additional conflicts)
•  
•         Uniform Holiday Bill of 1968 shifted
  some official holidays from their traditional
  dates to Mondays.
•         Mondays would benefit the nations
  spiritual and economic life
•         Enable Americans to enjoy a wider range
  of activities and to be with family given more
  time for travel and
•         Provide increased opportunities for
  pilgrimages to the historic sites connected with
  our holidays.
•  
•         Department of Labor, and the U.S. Civil
  Service Commission all endorsed the idea.

9
School Holiday

• School holidays are the days in which schools are
  closed between academic terms.
•         Christmas holiday (sometimes called
  winter recess) includes both the Christmas and
  New Year holidays.
•  
•         Easter holiday (sometimes called spring
  break) takes place in the Spring, with the date
  varying by country and level of schooling.
•  
•         Summer holiday refers to the large break
  from school between Memorial Day and Labor Day.
• In addition to the official holidays, many
  religious, ethnic, and other traditional holidays
  populate the calendar, as well as observances
  proclaimed by officials and lighter celebrations.

10
Religion and Public Schools

• The First Amendment to the Constitution directs,
• Congress shall make no laws respecting an
  establishment of religion, or prohibiting the
  free exercise thereof (Separation of
  church/state)
• Establishment Clause
• No laws helping one religion over another
• Free Exercise Clause
• Prohibits interfering with religious freedoms
• Public schools remain neutral

11
School Prayer History

• 1962 Engel v. Vitale (New York)
• Prayer was required in the public schools
• Claimed undenominational and approved by state
  courts
• Students could remain silent or be excused from
  room
• Supreme Court decided it violated Establishment
  Clause
• 1963 Abington Township S.D. v. Schempp, (Pennsy.)
• Required bible reading at the beginning of each
  school day
• Students could be excused upon parental written
  request
• Consent of the majority cannot use the State to
  practice its beliefs
• Supreme Court decided it violated Establishment
  Clause
• 1985 Wallace v. Jaffree (Alabama)
• One minute of silence required for
  meditation/voluntary prayer
• Teacher sometimes asked a willing student to
  recite prayer
• Voluntary prayer indicates a favored practice
  and not consistent with neutrality towards
  religion
• Supreme Court decided it violated Establishment
  Clause

12
School Prayer History

• 1992 Lee v. Weisman, (Rhode Island)
• Nonsectarian prayer at formal middle school
  graduation ceremony
• School district invites members of clergy to
  offer invocation/benediction
• Clergy given guidelines composed with
  inclusiveness and sensitivity
• Important event had compelled attendance/participa
  tion
• Supreme Court decided it violated Establishment
  Clause
• 2000 Sante Fe Independent S.D. v. Doe (Texas)
• Student-led, initiated prayer before home
  football games
• Students voted by secret ballot on what the
  invocation will be and it must be nonsectarian
• Majority election on the encouragement of
  religion is a constitutional violation
• Supreme Court decided it violated Establishment
  Clause

13
Recommendation regarding Prayer/Religion in
Public School

• Develop legally defensible guidelines that are
  supported by the U.S. Supreme Court decisions
  addressing religious activities/events in their
  school
• School-sponsored holiday programs must not be
  conducted in a religious atmosphere
• School authorities must refrain from any activity
  that would create an unclear line of separation
  between school activities and religious
  activities
• Ask the question, Is the primary purpose of a
  law or practice to advance or inhibit religion
  creating an entanglement of church and state?
  (U.S. Supreme Court, primary effect)
• School authorities should consult the districts
  legal counsel regarding any questionable
  religious activities in their school

14
JEHOVAHS WITNESSES

• There are over 6 million Jehovahs Witnesses in
  the world today.
• Jehovahs Witnesses claim to follow the literal
  teachings of the Bible.
• Jehovah is a biblical term used in the Bible to
  refer to God.

15
Basic Beliefs

• Jehovahs Witnesss use the Knowledge Book which
  is their interpretation of Bible teachings.
• Jehovahs Witnesses believe that at the time of
  Armageddon (the last days on Earth), only the
  Jehovahs Witnesses will be redeemed. All others
  will cease to exist. They do not believe in
  Hell.
• Jehovahs Witnesses abstain from all politics
  and war. They do not vote, run for office, or
  join the military.
• Jehovahs Witnesses can be disfellowshiped and
  will not experience redemption unless they are
  re-excepted by the elders.

16
Beliefs On Holidays
Holidays

• Jehovahs Witnesses do not celebrate any holidays
  including Halloween, Thanksgiving, Christmas,
  birthdays, etc.
• - They believe all holidays have
  pagan roots.
• - They believe like Jehovah, they
  should not follow beliefs and traditions
• that are of the earth.
• Jehovahs Witnesses are permitted to celebrate
  their wedding anniversaries.

17
Jehovah's Witnesses and The Pledge of Allegiance

• The Bible prohibits having false idols
  before God. Jehovahs Witnesses believe pledging
  to the flag would is pledging to a false idol.
• They believe all human governments are
  instituted by Satan and pledging to them would be
  a sin.
• West Virginia State Board of Education v.
  Barnette (1943)
• - The Supreme Court ruled that J.W.s
  were protected from saying the pledge under the
  First Amendment.

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Websites on Jehovahs Witnesses
Official Site for Jehovah's
Witnesses
http//www.watchtower.org
Religious Beliefs
http//www.religioustolerance.org/witness3.htm
http//www.religionfacts.c
om/jehovahs_witnesses/beliefs.htm
Jehovah's Witnesses and
Holidays
www.religionfacts.com/jehovahs_witnesses/holidays.
htm http//www.freeminds
.org/doctrine/holidays.htm
Jehovah's Witnesses and The Pledge of
Allegiance
http//atheism.about.com/library/FAQs/cs/blcs_jw_f
lag1.htm