Religion in Public Schools: Overview and Frequently Asked Questions
OVERVIEW
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The First Amendment of the Constitution states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ..." This language establishes the separation of church and state - the principle that government and religion should each be free of interference from the other. It also raises contradictory questions about the meaning of liberty in a pluralistic society. In no other area of public life has the free exercise and the establishment clause caused more controversy than public school prayer.
Those who support organized school prayer maintain that the framers of the Constitution never intended such strict separation between religion and government. They believe that allowing prayer in the schools would instill positive values into the educational experience and, by inference, help alleviate violence, drop-out rates, teenage pregnancy, and other societal problems. They also cite the historical origins of our public school system. Public education developed out of a philosophy of education that existed during the colonial period of American history in which the schools were thought of as arms of the church and the curriculum was permeated with religion. Further bolstering their argument are polls indicating that a majority of Americans support organized classroom prayer. (Endnotes listed in For Additional Information
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Opponents of organized school prayer maintain that a constitutional amendment endorsing organized school prayer in public schools may threaten the religious liberty that has flourished in America. They fear that organized prayer might lead to coercive government action that ultimately proves divisive. They argue that voluntary prayer is already constitutionally protected, and religious history and thought are included in many public school curricula.
To facilitate understanding of religious rights and protections, The National Conference for Community and Justice presents this overview regarding what is constitutionally permissible and required of public schools in terms of religious activity. This overview describes the legal guidelines surrounding the religion clauses as they pertain to public education. By providing information, The National Conference for Community and Justice seeks a civil, respectful and more informed dialogue on these issues.
Federal and state courts continue to comment and interpret these issues, and The National Conference for Community and Justice urges any interested parties to seek legal counsel with regard to this matter. This overview represents our best understanding of the statutes related to religion in the public schools and is in no way to be construed as a definitive legal interpretation or opinion.
Judicial Overview
Summary of Decision: Question and Answer Format
Conclusion
Key Rulings Concerning Public School and Religion
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