1 School Law Issues The Public School and Religion Summer 2012.

11

School Law IssuesSchool Law Issues

The Public School The Public School

and Religionand Religion

Summer 2012Summer 2012

22

U.S. Constitutional Amendment U.S. Constitutional Amendment II

Congress shall make Congress shall make no law …no law … respecting an respecting an

establishment of establishment of religion, orreligion, or

prohibiting the free prohibiting the free exercise thereof …exercise thereof …

17911791Summer 2012Summer 2012

33

Applicability to StatesApplicability to States

The First Amendment is made applicable The First Amendment is made applicable to the States by the Fourteenth to the States by the Fourteenth AmendmentAmendment


44

U.S. Constitutional Amendment U.S. Constitutional Amendment XIVXIV

Section 1.Section 1. All persons born or naturalized in the United States and All persons born or naturalized in the United States and

subject to the jurisdiction thereof, are citizens of the subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.United States and of the State wherein they reside.

No State …No State … shall make or enforce any law which shall abridge the shall make or enforce any law which shall abridge the

privileges or immunities of citizens of the United privileges or immunities of citizens of the United StatesStates

nor shall any State deprive any person of life, liberty nor shall any State deprive any person of life, liberty or property, without or property, without due process of lawdue process of law

nor deny to any person within its jurisdiction the nor deny to any person within its jurisdiction the equal protection of the laws. … equal protection of the laws. … (emphasis added)(emphasis added)

18681868LII: Constitution


http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html

55

The Public School & The Public School & ReligionReligion

TerminologyTerminology


66

Sectarian vs. NonsectarianSectarian vs. Nonsectarian SectarianSectarian … …

of, relating to, or characteristic of a sectof, relating to, or characteristic of a sect parochialparochial

NonsectarianNonsectarian not having a sectarian characternot having a sectarian character not affiliated with or restricted to a particular not affiliated with or restricted to a particular

religious groupreligious group

Merriam-Webster OnlineMerriam-Webster Online


77

SecularSecular

SecularSecular of or relating to the worldly or temporalof or relating to the worldly or temporal not overtly or specifically religiousnot overtly or specifically religious not ecclesiastical or clericalnot ecclesiastical or clerical



88

ProselytizeProselytize

ProselytizeProselytize to induce someone to convert to one’s to induce someone to convert to one’s

faithfaith to recruit someone to join one’s party, to recruit someone to join one’s party,

institution, or causeinstitution, or cause to recruit or convert especially to a new to recruit or convert especially to a new

faith, institution, or causefaith, institution, or cause



99


Use of Public Tax Funds Use of Public Tax Funds to Pay for Services to to Pay for Services to

Parochial School Parochial School StudentsStudents


1010

Everson v. Board of Education, Everson v. Board of Education, 330 U.S. 1 (1947)330 U.S. 1 (1947)

Court:Court: U.S. Supreme Court U.S. Supreme Court Date:Date: 19471947 Issue:Issue: Whether a State’s Whether a State’s

action in using public action in using public taxpayer funds to reimburse taxpayer funds to reimburse parents of parochial school parents of parochial school children for their children for their transportation costs in transportation costs in sending their children to sending their children to school is constitutionalschool is constitutional


1111

Everson v. Board of Education, 330 U.S. 1 Everson v. Board of Education, 330 U.S. 1 (1947)(1947)

Facts:Facts: A New Jersey public board of education A New Jersey public board of education

authorized reimbursement of money that parents authorized reimbursement of money that parents spent on bus transportation provided by the spent on bus transportation provided by the public transportation system to send their public transportation system to send their children to school. children to school.

Part of the money was used for the transportation Part of the money was used for the transportation costs of some Catholic school children.costs of some Catholic school children.

Mr. Everson was a taxpayer who wanted the keep Mr. Everson was a taxpayer who wanted the keep the public board of education from using public the public board of education from using public money to reimburse parents of parochial school money to reimburse parents of parochial school students for the cost of bus transportation to the students for the cost of bus transportation to the parochial school. He filed suit in a State Court.parochial school. He filed suit in a State Court.


1212

Everson v. Board of Education, Everson v. Board of Education, 330 U.S. 1 (1947)330 U.S. 1 (1947)

Conclusion: The First Amendment does not prohibit a state from spending tax-raised funds: to pay the bus fares of parochial school

children; or to reimburse their parents for the cost of

such transportation as part of a general program under which it pays the fares of students who attend public schools and other schools.


1313

Board of Education of Central School Board of Education of Central School District No. 1 v. Allen, 392 U.S. 236 District No. 1 v. Allen, 392 U.S. 236

(1968)(1968) Court:Court: United States United States

Supreme CourtSupreme Court Date:Date: 1968 1968 Issue:Issue: Whether a state Whether a state

law requiring public law requiring public schools to loan schools to loan textbooks free of charge textbooks free of charge to private school to private school students is students is constitutionalconstitutional


1414

Board of Education of Central School Board of Education of Central School District No. 1 v. Allen, 392 U.S. 236 District No. 1 v. Allen, 392 U.S. 236

(1968)(1968)

Conclusion: A state may require public schools boards

to purchase textbooks and lend them without charge to students enrolled in private schools

The financial benefit of the textbook loan program is to parents and students, not parochial schools.


1515

Lemon v. Kurtzman, 403 U.S. 602 Lemon v. Kurtzman, 403 U.S. 602 (1971)(1971)

Court:Court: U.S. Supreme Court U.S. Supreme Court Date:Date: 1971 1971 Issues:Issues:

Whether a State can provide Whether a State can provide reimbursement to nonpublic parochial reimbursement to nonpublic parochial elementary and secondary schools for the elementary and secondary schools for the costs of teachers salaries in specified costs of teachers salaries in specified secular subjects?secular subjects?

Whether a State can provide direct salary Whether a State can provide direct salary supplements to nonpublic elementary supplements to nonpublic elementary parochial school teachers? parochial school teachers?


1616


Facts:Facts: State citizens and taxpayers in each State citizens and taxpayers in each

suit filed suit against the State suit filed suit against the State alleging that the statutes violate the alleging that the statutes violate the Establishment Clause and the Free Establishment Clause and the Free Exercise Clause of the First Exercise Clause of the First Amendment, and the Due Process Amendment, and the Due Process Clause of the Fourteenth Amendment.Clause of the Fourteenth Amendment.


1717


The Lemon test:The Lemon test: The statute must have a secular The statute must have a secular

legislative purpose.legislative purpose. The principal or primary effect of the The principal or primary effect of the

statute must be one that neither statute must be one that neither advances nor inhibits religion.advances nor inhibits religion.

The statute must not foster an excessive The statute must not foster an excessive government entanglement with religion.government entanglement with religion.

The Lemon Test is used by the Supreme The Lemon Test is used by the Supreme Court and all lower courts to review the Court and all lower courts to review the actions of schools and school district as actions of schools and school district as well as legislative bodieswell as legislative bodies


1818


Applying the test: Does the statute have a Applying the test: Does the statute have a secular legislative purpose?secular legislative purpose?

Conclusion: Conclusion: The clearly stated purpose of both the The clearly stated purpose of both the

Pennsylvania and the Rhode Island statutes Pennsylvania and the Rhode Island statutes was to enhance the quality of was to enhance the quality of secularsecular education in all schools.education in all schools.

There was nothing in the Legislative history of There was nothing in the Legislative history of either act to indicate that that there was a either act to indicate that that there was a legislative intent to advance religion.legislative intent to advance religion.

Therefore each of the statutes had a secular Therefore each of the statutes had a secular legislative purpose.legislative purpose.


1919


Applying the test: Does the statute Applying the test: Does the statute have the primary or principal effect have the primary or principal effect that neither advances nor inhibits that neither advances nor inhibits religion?religion?

Conclusion:Conclusion: The U.S. Supreme Court said it didn’t need The U.S. Supreme Court said it didn’t need

to decide this issue because the statutes to decide this issue because the statutes were unconstitutional on other grounds.were unconstitutional on other grounds.


2020


Applying the test: Does the statute foster an Applying the test: Does the statute foster an excessive government entanglement with religion?excessive government entanglement with religion?

Conclusion: Yes, the cumulative impact of each of Conclusion: Yes, the cumulative impact of each of the statutes involves an excessive entanglement the statutes involves an excessive entanglement with religion.with religion. Parochial schools involve substantial religious activity and Parochial schools involve substantial religious activity and

purpose.purpose. The legislatures of each state created careful governmental The legislatures of each state created careful governmental

controls and surveillance by state authorities to ensure that controls and surveillance by state authorities to ensure that state aid only supports secular education.state aid only supports secular education.

A comprehensive, discriminating and continuing state A comprehensive, discriminating and continuing state surveillance would be required to ensure the restrictions surveillance would be required to ensure the restrictions are obeyed.are obeyed.

Such contacts involve excessive entanglement between Such contacts involve excessive entanglement between church and state.church and state.


2121

Muller v. Allen, 463 U.S. 388 Muller v. Allen, 463 U.S. 388 (1983)(1983)

Court:Court: U.S. Supreme U.S. Supreme CourtCourt

Date:Date: 1983 1983 Issue:Issue: Whether a state Whether a state

statute allowing parents statute allowing parents of children enrolled in of children enrolled in parochial schools to parochial schools to deduct certain education deduct certain education expenses in computing expenses in computing their state income tax is their state income tax is constitutionalconstitutional


2222


FactsFacts:: State law allowed taxpayers to deduct State law allowed taxpayers to deduct

certain education expenses in computing certain education expenses in computing their state income tax, including, actual their state income tax, including, actual expenses for tuition, textbooks and expenses for tuition, textbooks and transportation to elementary and transportation to elementary and secondary schoolssecondary schools

The deduction was available for all parents The deduction was available for all parents irrespective of whether their children irrespective of whether their children attend public, sectarian schools, or non-attend public, sectarian schools, or non-sectarian schools. sectarian schools.


2323


Conclusions:Conclusions: The statute does not have a primary effect of The statute does not have a primary effect of

advancing the sectarian aims of nonpublic advancing the sectarian aims of nonpublic schoolsschools The deduction is available for all parents The deduction is available for all parents

irrespective of whether they attend public, irrespective of whether they attend public, sectarian schools, or nonsectarian private schoolssectarian schools, or nonsectarian private schools

The public funds involved in the deductions flow to The public funds involved in the deductions flow to the parents, not the parochial schoolsthe parents, not the parochial schools

The statute does not excessively entangle the The statute does not excessively entangle the state in religion.state in religion.

Title one reversal.pptx


2424

Mitchell v. Helms, 120 S.Ct. 2530 (2000)Mitchell v. Helms, 120 S.Ct. 2530 (2000)

Court:Court: United States Supreme Court United States Supreme Court Date:Date: 2000 2000 Issue:Issue: Whether Chapter 2, as applied in Whether Chapter 2, as applied in

Jefferson Parish, Louisiana is a law Jefferson Parish, Louisiana is a law respecting the establishment of religion respecting the establishment of religion because many of the private schools because many of the private schools receiving Chapter 2 services are receiving Chapter 2 services are religiously affiliatedreligiously affiliated


2525

Mitchell v. Helms, 120 S.Ct. 2530 Mitchell v. Helms, 120 S.Ct. 2530 (2000)(2000)

Facts:Facts: Chapter 2 is a federal statute providing federal funds to State Chapter 2 is a federal statute providing federal funds to State

and local education agencies for the acquisition and use of and local education agencies for the acquisition and use of instructional and educational materials, including library instructional and educational materials, including library services and materials, media materials, assessments, services and materials, media materials, assessments, reference materials, computer software and hardware for reference materials, computer software and hardware for instructional use, and other curricular materials for instructional use, and other curricular materials for elementary and secondary school children.elementary and secondary school children. State and local education agencies must offer equitable State and local education agencies must offer equitable

participation to children enrolled in private schools based participation to children enrolled in private schools based on the number of children enrolled in each school.on the number of children enrolled in each school.

Chapter 2 funds may only be used to supplement, not Chapter 2 funds may only be used to supplement, not supplant funds from non-Federal sources.supplant funds from non-Federal sources.

The services, materials and equipment provided to private The services, materials and equipment provided to private schools must be secular, neutral, and non-ideological.schools must be secular, neutral, and non-ideological.


2626


Facts:Facts: In 1985, Jefferson Parish taxpayers sued the In 1985, Jefferson Parish taxpayers sued the

Jefferson Parish School Board alleging in part that Jefferson Parish School Board alleging in part that Chapter 2, as implemented in Jefferson Parish, Chapter 2, as implemented in Jefferson Parish, violated the Establishment Clause of the First violated the Establishment Clause of the First Amendment.Amendment.

The case was tried in the United States District The case was tried in the United States District Court for the Eastern District of Louisiana. The Court for the Eastern District of Louisiana. The trial judge ruled Chapter 2 unconstitutional—A trial judge ruled Chapter 2 unconstitutional—A new judge (the old judge retired) reversed the new judge (the old judge retired) reversed the original judge and reversed the decision.original judge and reversed the decision.

It was appealed to the United States Fifth Circuit It was appealed to the United States Fifth Circuit Court of Appeals. The Appeals court ruled Chapter Court of Appeals. The Appeals court ruled Chapter 2 unconstitutional.2 unconstitutional.

The U.S. Supreme Court granted writs on the The U.S. Supreme Court granted writs on the Chapter 2 issue.Chapter 2 issue.


2727


Conclusions:Conclusions: Chapter 2 does not have the effect of Chapter 2 does not have the effect of

advancing religion.advancing religion. Chapter 2 is not an establishment of Chapter 2 is not an establishment of

religion.religion. Jefferson Parish does not have to exclude Jefferson Parish does not have to exclude

religious schools from the Chapter 2 religious schools from the Chapter 2 program.program.

Chapter 2 as implemented in Jefferson Chapter 2 as implemented in Jefferson Parish is not unconstitutional.Parish is not unconstitutional.

The use of federal Chapter 2 funds for The use of federal Chapter 2 funds for acquisition of instructional and educational acquisition of instructional and educational materials for sectarian schools does not materials for sectarian schools does not violate the Establishment Clause.violate the Establishment Clause.

http://www.oyez.org/cases/1990-1999/1999/1999_98_1648Summer 2012Summer 2012

http://www.oyez.org/cases/1990-1999/1999/1999_98_1648

http://www.oyez.org/cases/1990-1999/1999/1999_98_1648

2828

The Public SchoolThe Public School& Religion& Religion

Release Time for Release Time for Religious Instruction on Religious Instruction on Public School PremisePublic School Premise


2929

Illinois ex rel. McCollum v. Board of Illinois ex rel. McCollum v. Board of Education of School District No. 71, 333 U.S. Education of School District No. 71, 333 U.S.

203 (1948).203 (1948).

CourtCourt: U.S. Supreme Court: U.S. Supreme Court Date:Date: 1948 1948 Issue:Issue: Can a public school system Can a public school system

constitutionally allow religious instruction constitutionally allow religious instruction to be taught to students on public school to be taught to students on public school premises during regular instructional time premises during regular instructional time when students are required to attend when students are required to attend school under the compulsory attendance school under the compulsory attendance statute?statute?


3030


203 (1948).203 (1948).

Facts:Facts: The Champaign Council on Religious Education was The Champaign Council on Religious Education was

founded in 1940 and consisted of members of founded in 1940 and consisted of members of various religious faiths.various religious faiths.

The Council got permission to offer classes in The Council got permission to offer classes in religious instruction in the public schools.religious instruction in the public schools.

Students whose parents gave written permission to Students whose parents gave written permission to attend religious instruction were allowed to attend.attend religious instruction were allowed to attend.

Religious teachers employed by private religious Religious teachers employed by private religious groups were allowed to come into public school groups were allowed to come into public school buildings each week during buildings each week during regular instructional regular instructional timetime..


3131


203 (1948).203 (1948). Conclusions:Conclusions: The The use of tax-supported public property for use of tax-supported public property for

religious instructionreligious instruction by releasing students on the by releasing students on the condition that they attend religious instruction at condition that they attend religious instruction at a time when the compulsory attendance law a time when the compulsory attendance law requires them to be in school for secular requires them to be in school for secular education education is unconstitutional under the First and is unconstitutional under the First and Fourteenth AmendmentFourteenth Amendment Public school buildings are used to disseminate religious Public school buildings are used to disseminate religious

doctrines.doctrines. The State helps provide students for the religious The State helps provide students for the religious

classes through use of the compulsory attendance laws.classes through use of the compulsory attendance laws. This is not separation of church and state.This is not separation of church and state.


3232

Zorach v. Clausen, 343 U.S. 306 Zorach v. Clausen, 343 U.S. 306 (1952)(1952)

Court:Court: U.S. Supreme Court U.S. Supreme Court Date:Date: 1952 1952 Issue: Issue: Whether a public school may Whether a public school may

grant students release time during grant students release time during the regular instructional day to the regular instructional day to attend religion classes off of public attend religion classes off of public school grounds?school grounds?


3333

Zorach v. Clausen, 343 U.S. 306 Zorach v. Clausen, 343 U.S. 306 (1952)(1952)

Conclusions:Conclusions: The program was constitutional. A The program was constitutional. A public school may allow students release time to public school may allow students release time to attend attend religious instruction away from school religious instruction away from school premisespremises..

No one was forced to go to religious instruction by No one was forced to go to religious instruction by the public schoolthe public school

No religious instruction was delivered at the public No religious instruction was delivered at the public schools.schools.

The public school only released students for The public school only released students for religious instruction when requested to do so by the religious instruction when requested to do so by the child’s parents.child’s parents.

The public schools merely accommodated their The public schools merely accommodated their schedule to a program of outside religious schedule to a program of outside religious instruction.instruction.


3434


Period for Meditation or Period for Meditation or Voluntary PrayerVoluntary Prayer


3535

ENGEL v VITALEENGEL v VITALE370 U.S. 421 (1962)370 U.S. 421 (1962)

Facts of the CaseFacts of the Case The Board of Regents for the State of New The Board of Regents for the State of New

York authorized a short, voluntary prayer for York authorized a short, voluntary prayer for recitation at the start of each school day. This recitation at the start of each school day. This was an attempt to defuse the politically was an attempt to defuse the politically potent issue by taking it out of the hands of potent issue by taking it out of the hands of local communities. The blandest of local communities. The blandest of invocations read as follows: "Almighty God, invocations read as follows: "Almighty God, we acknowledge our dependence upon Thee, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and beg Thy blessings upon us, our teachers, and our country."and our country."


3636

QuestionQuestion Does the reading of a nondenominational Does the reading of a nondenominational

prayer at the start of the school day violate prayer at the start of the school day violate the "establishment of religion" clause of the the "establishment of religion" clause of the First Amendment?First Amendment?

ConclusionConclusion Yes. Neither the prayer's nondenominational Yes. Neither the prayer's nondenominational

character nor its voluntary character saves character nor its voluntary character saves it from unconstitutionality. By providing the it from unconstitutionality. By providing the prayer, New York officially approved prayer, New York officially approved religion. This was the first in a series of religion. This was the first in a series of cases in which the Court used the cases in which the Court used the establishment clause to eliminate religious establishment clause to eliminate religious activities of all sorts, which had traditionally activities of all sorts, which had traditionally been a part of public ceremonies. Despite been a part of public ceremonies. Despite the passage of time, the decision is still the passage of time, the decision is still unpopular with a majority of Americansunpopular with a majority of Americans..


3737

Wallace v. Jaffree, 472 U.S. 38, 105 Wallace v. Jaffree, 472 U.S. 38, 105 S.Ct. 2479 (1985)S.Ct. 2479 (1985)

Court:Court: U.S. Supreme Court U.S. Supreme Court Date:Date: 1985 1985 Issue:Issue: Whether a state statute that Whether a state statute that

authorizes a period of silence for authorizes a period of silence for mediation or voluntary prayer in mediation or voluntary prayer in public schools is an unconstitutional public schools is an unconstitutional establishment of religion under the establishment of religion under the First AmendmentFirst Amendment


3838

Wallace v. Jaffree, 472 U.S. 38, 105 S.Ct. 2479 Wallace v. Jaffree, 472 U.S. 38, 105 S.Ct. 2479 (1985)(1985)

Facts:Facts: Alabama enacted 3 statutes: Alabama enacted 3 statutes: [1978] the 1[1978] the 1stst statute authorized a 1- statute authorized a 1-

minute period of silence for meditation minute period of silence for meditation in all public schoolsin all public schools

[1981] the 2[1981] the 2ndnd statute authorized a statute authorized a period of silence for meditation or period of silence for meditation or voluntary prayer in all public schoolsvoluntary prayer in all public schools

[1982] the 3[1982] the 3rdrd statute authorized public statute authorized public school teachers to lead “willing school teachers to lead “willing students” in a prescribed prayer to students” in a prescribed prayer to “Almighty God … the Creator and “Almighty God … the Creator and Supreme Judge of the world…”Supreme Judge of the world…”


3939

Wallace v. Jaffree, 472 U.S. 38 Wallace v. Jaffree, 472 U.S. 38 (1985)(1985)

Conclusions:Conclusions: The states have no more The states have no more power to restrain individual First power to restrain individual First Amendment freedoms than the U.S. Amendment freedoms than the U.S. Congress.Congress. The First Amendment curtails Congress’ power The First Amendment curtails Congress’ power

to interfere with an individual’s freedom to to interfere with an individual’s freedom to believe, to worship, and express himselfbelieve, to worship, and express himself

The Fourteenth Amendment imposes the same The Fourteenth Amendment imposes the same limitations on the State’s power to legislated limitations on the State’s power to legislated that has always been imposed upon Congress that has always been imposed upon Congress by the First Amendmentby the First Amendment


4040


Conclusions:Conclusions: The First Amendment protects an individual’s The First Amendment protects an individual’s

right to select any religious faith or none at all.right to select any religious faith or none at all. The legislative intent and purpose of the 1981 The legislative intent and purpose of the 1981

statute authorizing a period of silence for statute authorizing a period of silence for meditation or voluntary prayer was entirely to meditation or voluntary prayer was entirely to advance religion by returning prayer to the advance religion by returning prayer to the public schools, i.e., a State endorsement of public schools, i.e., a State endorsement of prayer at the beginning of each school day.prayer at the beginning of each school day.

Therefore, the 1981 statute violates the Therefore, the 1981 statute violates the Establishment Clause of the First Amendment.Establishment Clause of the First Amendment.


4141


Bottom Line:Bottom Line: A state statute authorizing a one-minute period A state statute authorizing a one-minute period

of silence for meditation in all public schools is of silence for meditation in all public schools is constitutional. [The statute did not prevent constitutional. [The statute did not prevent student’s from using that time for voluntary student’s from using that time for voluntary prayer]prayer]

A state statute authorizing public school teachers A state statute authorizing public school teachers to lead “willing students” in a prescribed prayer to lead “willing students” in a prescribed prayer in public schools is unconstitutional.in public schools is unconstitutional.

A state statute authorizing a one-minute period A state statute authorizing a one-minute period of silence for meditation or voluntary prayer of silence for meditation or voluntary prayer passed for the sole purpose of returning prayer passed for the sole purpose of returning prayer to public schools is unconstitutional.to public schools is unconstitutional.


4242

Doe v. School Board of Ouachita Doe v. School Board of Ouachita Parish, 274 F.3d 289 (5Parish, 274 F.3d 289 (5thth Cir. 2001) Cir. 2001)

Court:Court: U.S. Court of Appeals for the U.S. Court of Appeals for the 55thth Circuit Circuit

Date:Date: 2001 2001 Issue:Issue: Is a Louisiana statute that Is a Louisiana statute that

allows a brief time of meditation or allows a brief time of meditation or verbal prayer at the beginning of the verbal prayer at the beginning of the school day constitutional?school day constitutional?


4343

Doe v. School Board of Ouachita Doe v. School Board of Ouachita Parish,Parish,

274 F.3d 289 (5274 F.3d 289 (5thth Cir. 2001) Cir. 2001) FactsFacts:: In 1976 LSA-RS 17:2115 required public In 1976 LSA-RS 17:2115 required public

school systems to allow students and school systems to allow students and teachers to observe a brief time in teachers to observe a brief time in silent silent meditationmeditation at the beginning of the school at the beginning of the school day.day.

In 1992, the Legislature amended the In 1992, the Legislature amended the statute to allow the observance of a brief statute to allow the observance of a brief time time in silent prayer or meditationin silent prayer or meditation..

http://www.legis.state.la.us/lss/lss.asp?doc=80209




4444

Doe v. School Board of Ouachita Doe v. School Board of Ouachita Parish, Parish,

274 F.3d 289 (5274 F.3d 289 (5thth Cir. 2001) Cir. 2001) FactsFacts:: In 1999 the Legislature amended the In 1999 the Legislature amended the

statute and removed the word “silent”.statute and removed the word “silent”. The challenged statute, as amended in The challenged statute, as amended in

1999 said:1999 said: Each parish and city school board in the state Each parish and city school board in the state

shall permit the proper school authorities of shall permit the proper school authorities of each school within its jurisdiction to allow an each school within its jurisdiction to allow an opportunity, at the start of each school day, for opportunity, at the start of each school day, for those students and teachers desiring to do so those students and teachers desiring to do so to observe a brief time to observe a brief time in prayer or meditationin prayer or meditation..


4545


274 F.3d 289 (5274 F.3d 289 (5thth Cir. 2001) Cir. 2001)

Facts:Facts: Ouachita Parish students and their Ouachita Parish students and their

parents sued to have the statute parents sued to have the statute declared unconstitutional, and to declared unconstitutional, and to enjoin the use of enjoin the use of verbal prayerverbal prayer in in their schools.their schools.


4646


274 F.3d 289 (5274 F.3d 289 (5thth Cir. 2001) Cir. 2001) Conclusion:Conclusion: LSA-R.S. 17:2115(A) is LSA-R.S. 17:2115(A) is

unconstitutional under the Establishment unconstitutional under the Establishment Clause of the First Amendment.Clause of the First Amendment.

There is no doubt that the 1999 There is no doubt that the 1999 amendment was motivated by a wholly amendment was motivated by a wholly religious purpose to authorize verbal religious purpose to authorize verbal prayer in schools.prayer in schools.

The previous statute already protected The previous statute already protected silent prayer.silent prayer.

The Legislative history indicates that the The Legislative history indicates that the purpose of the amendment was to return purpose of the amendment was to return verbal prayer to the public schools.verbal prayer to the public schools.


4747

Silent Prayer or MeditationSilent Prayer or Meditation The state stature now provides that:The state stature now provides that:

Louisiana public school boards must permit Louisiana public school boards must permit proper school authorities at each school to allow proper school authorities at each school to allow students and teachers who want to observe a students and teachers who want to observe a brief time in brief time in silent prayer or meditationsilent prayer or meditation at the at the start of each school day an opportunity to do so.start of each school day an opportunity to do so.

Allowing a brief time for silent prayer or Allowing a brief time for silent prayer or mediation shall not be intended nor interpreted mediation shall not be intended nor interpreted as state support of or interference with religion.as state support of or interference with religion.

Such an allowance shall not be promoted as a Such an allowance shall not be promoted as a religious exercise.religious exercise.

Implementation of this section of the statute Implementation of this section of the statute shall remain neutral toward religion.shall remain neutral toward religion.

LSA-R.S. 17:2115LSA-R.S. 17:2115


4848

The Public School The Public School & Religion& Religion

Required Participation in Required Participation in the Flag Salutethe Flag Salute


4949

West Virginia Board of Education v. West Virginia Board of Education v. Barnett, 319 U.S. 624 (1943)Barnett, 319 U.S. 624 (1943)

Court:Court: United States Supreme Court United States Supreme Court Date:Date: 1943 1943 Issue: Issue: Whether a public school board Whether a public school board

may compel a student or faculty may compel a student or faculty member to salute the flag and recite member to salute the flag and recite the pledge of allegiance by the pledge of allegiance by threatening disciplinary action?threatening disciplinary action?


5050

West Virginia Board of Education West Virginia Board of Education v. Barnett, 319 U.S. 624 (1943)v. Barnett, 319 U.S. 624 (1943)

Facts:Facts: The Board of Education ordered that The Board of Education ordered that

a flag salute become a regular part a flag salute become a regular part of public school activities.of public school activities. All teachers and students were required All teachers and students were required

to participate in the flag salute.to participate in the flag salute. Refusal to salute the flag was deemed Refusal to salute the flag was deemed

an act of insubordination, and was to be an act of insubordination, and was to be dealt with accordingly.dealt with accordingly.


5151


Facts:Facts: The plaintiffs were Jehovah’s Witnesses The plaintiffs were Jehovah’s Witnesses

whose religious teachings required them whose religious teachings required them not to bow down or serve any graven not to bow down or serve any graven image; they consider the flag an image, image; they consider the flag an image, and refuse to salute it.and refuse to salute it.

The plaintiffs sued the school district The plaintiffs sued the school district seeking an injunction to keep the law from seeking an injunction to keep the law from being enforced against them.being enforced against them.


5252


Conclusions:Conclusions: A public school board may not A public school board may not

Constitutionally compel students and/or Constitutionally compel students and/or faculty to salute the flag and pledge faculty to salute the flag and pledge allegiance to it for religious or other allegiance to it for religious or other reasons.reasons.

A student may not be disciplined solely for A student may not be disciplined solely for refusing to salute the flag or say the refusing to salute the flag or say the pledge of allegiance.pledge of allegiance.

The refusal by one or more people to The refusal by one or more people to salute the flag does not interfere or deny salute the flag does not interfere or deny the rights of others to salute the flag or the rights of others to salute the flag or pledge allegiance to it.pledge allegiance to it.


5353

Pledge of AllegiancePledge of Allegiance Public school boards must Public school boards must

permit proper authorities of permit proper authorities of each school to allow the each school to allow the opportunityopportunity for group for group recitation of the “Pledge of recitation of the “Pledge of Allegiance to the Flag”.Allegiance to the Flag”.

Such recitation of the Such recitation of the “Pledge of Allegiance to the “Pledge of Allegiance to the Flag” shall occur at the Flag” shall occur at the commencement of the first commencement of the first class of each day in all class of each day in all grades and in all public grades and in all public schools.schools.

LSA-R.S. 17:2115(B)LSA-R.S. 17:2115(B)Summer 2012Summer 2012

5454


State-Enforced Bible State-Enforced Bible ReadingReading


5555

School District of Abington Township v. Shempp & School District of Abington Township v. Shempp & Murray v. Curlett, 374 U.S. 203, 83 S.Ct. 1560 Murray v. Curlett, 374 U.S. 203, 83 S.Ct. 1560

(1963)(1963)


Date:Date: 1963 1963 Issue:Issue: Whether state law Whether state law

can require public can require public elementary and elementary and secondary schools to secondary schools to begin the school day with begin the school day with readings from the Holy readings from the Holy BibleBible


5656

School District of Abington Township v. School District of Abington Township v. SchemppSchempp and and In the Third Circuit (Schempp) the court struck down the bible In the Third Circuit (Schempp) the court struck down the bible

readingreading Murray v. Curlett, 374 U.S. 203, 83 S.Ct. 1560 Murray v. Curlett, 374 U.S. 203, 83 S.Ct. 1560 (1963)(1963) In the Fourth Circuit (Maryland) the court upheld bible reading In the Fourth Circuit (Maryland) the court upheld bible reading and prayerand prayer Conclusion:Conclusion: Required reading of Bible Required reading of Bible

verses, and/or the recitation of the Lord’s verses, and/or the recitation of the Lord’s prayer in unison by public school students prayer in unison by public school students as part of opening exercises each day:as part of opening exercises each day: is a religious ceremony; andis a religious ceremony; and was intended by the State to be a was intended by the State to be a

religious ceremony.religious ceremony. Therefore the exercises and the law Therefore the exercises and the law

requiring them are unconstitutional requiring them are unconstitutional violations of the Establishment Clause.violations of the Establishment Clause.


5757


School PrayerSchool Prayer


5858

Official or Standard PrayerOfficial or Standard Prayer

No public elementary or secondary school No public elementary or secondary school may adopt or use any official or standard may adopt or use any official or standard prayer.prayer.

When a voluntary, student-initiated, When a voluntary, student-initiated, student-led prayer is offered, it shall be student-led prayer is offered, it shall be done in accordance with the religious done in accordance with the religious views of the student offering the prayer.views of the student offering the prayer.

LSA-R.S. 17:2115.1LSA-R.S. 17:2115.1


5959

Student Participation in Student Participation in Religious ActivityReligious Activity

No student attending any public No student attending any public elementary or secondary school shall elementary or secondary school shall be required to participate in any be required to participate in any religious activity at such school.religious activity at such school.

LSA-R.S. 17:2115.2LSA-R.S. 17:2115.2


6060

Participation in Student-Participation in Student-Initiated, Student-Led PrayerInitiated, Student-Led Prayer

No law, rule, or policy shall deny to any No law, rule, or policy shall deny to any student attending a public elementary or student attending a public elementary or secondary school the right to participate in secondary school the right to participate in voluntary, student-initiated, student-led voluntary, student-initiated, student-led prayer.prayer.

LSA-R.S. 17:2115.3LSA-R.S. 17:2115.3


6161

Student MeetingsStudent Meetings No law, rule, or policy shall prevent any student:No law, rule, or policy shall prevent any student:

who attends a public elementary or secondary who attends a public elementary or secondary school; andschool; and

who is responsible for or presiding over a who is responsible for or presiding over a meeting of a school organization or assemblymeeting of a school organization or assembly

from calling upon a student volunteer, at the sole from calling upon a student volunteer, at the sole option of the student volunteer, to:option of the student volunteer, to: offer an inspirational quotation or statement;offer an inspirational quotation or statement; offer a voluntary prayer; or offer a voluntary prayer; or lead in silent meditation.lead in silent meditation.

LSA-R.S. 17:2115.4LSA-R.S. 17:2115.4


6262

Prayer on School GroundsPrayer on School Grounds

No law, rule, or policy shall prevent a No law, rule, or policy shall prevent a student attending any public elementary student attending any public elementary or secondary school from participating in or secondary school from participating in voluntary, student-initiated, student-led voluntary, student-initiated, student-led prayer on school property before or after prayer on school property before or after school or during free time.school or during free time.

LSA-R.S. 17:2115.5LSA-R.S. 17:2115.5


6363

Student OrganizationsStudent Organizations No student organization at any public No student organization at any public

elementary or secondary school shall be elementary or secondary school shall be denied recognition or any privilege or denied recognition or any privilege or benefit solely because it:benefit solely because it: is religious in nature;is religious in nature; has a religious affiliation; or has a religious affiliation; or has no religious affiliation.has no religious affiliation.

LSA-R.S. 17:2115.6LSA-R.S. 17:2115.6


6464

Graduation SpeechesGraduation Speeches

When a high school student attending When a high school student attending any public secondary school is invited any public secondary school is invited to speak at a commencement to speak at a commencement ceremony for such school, school ceremony for such school, school officials shall not censor the speech officials shall not censor the speech for religious content.for religious content.

LSA-R.S. 17:2115.7LSA-R.S. 17:2115.7


6565

Prayer at Athletic ContestPrayer at Athletic Contest

No law, rule, or policy shall prohibit No law, rule, or policy shall prohibit members of athletic teams at any members of athletic teams at any public elementary and secondary public elementary and secondary school from engaging in voluntary, school from engaging in voluntary, student-initiated, student-led prayer.student-initiated, student-led prayer.

LSA-R.S. 17:2115.8LSA-R.S. 17:2115.8


6666

Nondiscrimination in selection Nondiscrimination in selection of student volunteersof student volunteers

No student shall be called upon to offer an No student shall be called upon to offer an inspirational quotation or statement, offer a inspirational quotation or statement, offer a voluntary prayer, or lead in silent meditation unless voluntary prayer, or lead in silent meditation unless the student chosen has volunteered to do so.the student chosen has volunteered to do so.

When student volunteers attending any public When student volunteers attending any public elementary or secondary school are called upon to elementary or secondary school are called upon to offer an inspirational quotation or statement, offer a offer an inspirational quotation or statement, offer a prayer, or lead in silent meditation, such students prayer, or lead in silent meditation, such students shall be selected shall be selected at randomat random by a student from by a student from among among student volunteersstudent volunteers without respect to their without respect to their individual religious beliefs or lack thereof. individual religious beliefs or lack thereof. (Emphasis added)(Emphasis added)

LSA-R.S. 17:2115.9LSA-R.S. 17:2115.9


6767

The Public School The Public School and Religionand Religion

Prayer at High School Prayer at High School Graduation CeremoniesGraduation Ceremonies


6868

Lee v. Weisman, 505 U.S. 577, 112 S.Ct. 2649 Lee v. Weisman, 505 U.S. 577, 112 S.Ct. 2649 (1992)(1992)


Date:Date: 1992 1992 Issue:Issue: Whether clergy Whether clergy

may deliver non-may deliver non-sectarian prayers as sectarian prayers as part of public middle part of public middle and high school and high school graduation ceremoniesgraduation ceremonies


6969

Lee v. Weisman, 505 U.S. 577 Lee v. Weisman, 505 U.S. 577 (1992)(1992)

Conclusion:Conclusion: The Constitution forbids the State from The Constitution forbids the State from

exacting religious conformity from a student as exacting religious conformity from a student as the price of attending her high school the price of attending her high school graduation.graduation.

The prayer exercises in this case were The prayer exercises in this case were improper because the State compelled improper because the State compelled attendance and participation in an explicit attendance and participation in an explicit religious exercise at an event of singular religious exercise at an event of singular importance to every student, and the student importance to every student, and the student who objected had no real alternative.who objected had no real alternative.

This was a 5-4 decision!!!!This was a 5-4 decision!!!! http://www.oyez.org/cases/1990-1999/1991/19

91_90_1014/Summer 2012Summer 2012

http://www.oyez.org/cases/1990-1999/1991/1991_90_1014/

http://www.oyez.org/cases/1990-1999/1991/1991_90_1014/

7070

When a high school When a high school student attending any student attending any public secondary school is public secondary school is invited to speak at a invited to speak at a commencement commencement ceremony for such school, ceremony for such school, school officials shall not school officials shall not censor the speech for censor the speech for religious content.religious content. (emphasis added)(emphasis added)

LSA-R.S. 17:2115.7LSA-R.S. 17:2115.7

Commencement AddressesCommencement Addresses


7171


Student-Initiated Prayer Student-Initiated Prayer at Football Gamesat Football Games


7272

Santa Fee Independent School District Santa Fee Independent School District v. Doe, 120 S.Ct. 2266 (2000)v. Doe, 120 S.Ct. 2266 (2000)

Court:Court: U.S. Supreme Court U.S. Supreme Court Date:Date: 2000 2000 Issue:Issue: Whether a public school policy Whether a public school policy

permitting student-led, student permitting student-led, student initiated prayer at football games initiated prayer at football games violates the Establishment Clause of violates the Establishment Clause of the First Amendment?the First Amendment?


7373

Santa Fee Independent School Santa Fee Independent School District District

v. Doe, 120 S.Ct. 2266 (2000)v. Doe, 120 S.Ct. 2266 (2000) Conclusions:Conclusions: A school district policy allowing student-led, A school district policy allowing student-led,

student-initiated prayer over the school student-initiated prayer over the school public address system at football games public address system at football games violates the Establishment Clause of the First violates the Establishment Clause of the First Amendment.Amendment. The delivery of a religious message over the The delivery of a religious message over the

schools’ public address system, by a speaker schools’ public address system, by a speaker representing the student body, under faculty representing the student body, under faculty supervision and pursuant to a school policy that supervision and pursuant to a school policy that encourages public prayer is not private speech.encourages public prayer is not private speech.

This has the improper effect of coercing those This has the improper effect of coercing those present to participate in an act of religious present to participate in an act of religious worship.worship.


7474

Athletic TeamsAthletic Teams No law, rule, or policy No law, rule, or policy

shall prohibit members shall prohibit members of athletic teams at any of athletic teams at any public elementary and public elementary and secondary school from secondary school from engaging in voluntary, engaging in voluntary, student-initiated, student-initiated, student-led prayer.student-led prayer.

LSA-R.S. 17:2115.8LSA-R.S. 17:2115.8


7575

Classroom TimeClassroom Time

Nothing in R.S. 17:2115.1 – R.S. Nothing in R.S. 17:2115.1 – R.S. 17:2115.10 shall prevent a public school 17:2115.10 shall prevent a public school board from adopting rules to reasonably board from adopting rules to reasonably limit the amount of classroom time that limit the amount of classroom time that may be devoted to the student may be devoted to the student expression protected by those expression protected by those provisions.provisions.

LSA-R.S. 17:2115.10LSA-R.S. 17:2115.10


7676


The Equal Access ActThe Equal Access Act


7777

The Equal Access ActThe Equal Access Act

The Equal Access Act applies to The Equal Access Act applies to public secondary schools that receive public secondary schools that receive Federal financial assistanceFederal financial assistance

A secondary school is a public school A secondary school is a public school that provides secondary education as that provides secondary education as determined by State law.determined by State law.


7878

Prohibitions of Equal Access Prohibitions of Equal Access ActAct No public secondary school that receives No public secondary school that receives

federal financial assistance and has a federal financial assistance and has a limited open forum may deny equal access limited open forum may deny equal access or a fair opportunity to, or discriminate or a fair opportunity to, or discriminate against, any students who want to conduct against, any students who want to conduct a meeting in that limited open forum on a meeting in that limited open forum on the basis of the:the basis of the: religiousreligious politicalpolitical philosophical or philosophical or other content of the speech at such meetings.other content of the speech at such meetings.

20 U.S.C. 4071(a)20 U.S.C. 4071(a)


7979

Limited Public ForumLimited Public Forum

A limited open forum occurs when a A limited open forum occurs when a public secondary school grants an public secondary school grants an offering to or an opportunity for one or offering to or an opportunity for one or more non-curriculum related student more non-curriculum related student groups to meet on school premises groups to meet on school premises during non-instructional time.during non-instructional time.

20 U.S.C. 4071(b)20 U.S.C. 4071(b)http://www.usdoj.gov/crt/cor/byagency/ed4071.htm


http://www.usdoj.gov/crt/cor/byagency/ed4071.htm

8080

Fair Opportunity CriteriaFair Opportunity Criteria

The school is deemed to have provided students a The school is deemed to have provided students a fair opportunity to conduct a meeting within the fair opportunity to conduct a meeting within the school’s limited open forum when the school school’s limited open forum when the school uniformly provides that:uniformly provides that: the meeting is voluntary and student initiatedthe meeting is voluntary and student initiated the school does not sponsor the meetingthe school does not sponsor the meeting school employees are present at religious school employees are present at religious

meetings only in a non-participatory capacitymeetings only in a non-participatory capacity the meeting does not materially and the meeting does not materially and

substantially interfere with the orderly conduct of substantially interfere with the orderly conduct of educational activities within the school; andeducational activities within the school; and

non-school persons do not direct, conduct, non-school persons do not direct, conduct, control, or regularly attend student group’s control, or regularly attend student group’s activitiesactivities

20 U.S.C. 4071(c) 20 U.S.C. 4071(c)


8181

Board of Education of the Westside Board of Education of the Westside Community Schools v. Mergens., 496 U.S. Community Schools v. Mergens., 496 U.S.

226 (1990)226 (1990) Court:Court: U.S. Supreme Court U.S. Supreme Court Date:Date: 1990 1990 Issues:Issues:

Whether a public high school is prohibited by Whether a public high school is prohibited by the Equal Access Act from prohibiting a student the Equal Access Act from prohibiting a student religious group from meeting on school religious group from meeting on school premises during non-instructional time?premises during non-instructional time?

If so, does the Equal Access Act violate the If so, does the Equal Access Act violate the Establishment Clause of the First Amendment?Establishment Clause of the First Amendment?


8282


226 (1990)226 (1990)

Facts:Facts: One student requested permission to form One student requested permission to form

a Christian club at the school.a Christian club at the school. The school denied the request to set up a The school denied the request to set up a

Christian club at the school.Christian club at the school. Suit was filed alleging the school’s refusal Suit was filed alleging the school’s refusal

to allow the Christian club at the school to allow the Christian club at the school violated the Equal Access Act, as well as violated the Equal Access Act, as well as their rights under the First and Fourteenth their rights under the First and Fourteenth Amendments.Amendments.


8383


226 (1990)226 (1990) Conclusions:Conclusions: The school has a limited open forum under The school has a limited open forum under

the Equal Access Act.the Equal Access Act. The school permitted one or more non-The school permitted one or more non-

curriculum related student groups to meet on curriculum related student groups to meet on school premises during non-instructional time.school premises during non-instructional time.

Therefore, the school cannot discriminate Therefore, the school cannot discriminate against students who want to meet on school against students who want to meet on school premises during non-instructional time based on premises during non-instructional time based on the content of the students’ speech.the content of the students’ speech.

The school’s denial of the students’ request to The school’s denial of the students’ request to form a Christian Club improperly denies the form a Christian Club improperly denies the students’ equal access under the Equal Access students’ equal access under the Equal Access Act.Act.


8484


226 (1990)226 (1990)

Conclusions:Conclusions: The Equal Access Act does not The Equal Access Act does not

violate the Establishment Clause of violate the Establishment Clause of the First Amendment.the First Amendment.


8585


226 (1990)226 (1990) Key Concepts:Key Concepts: A public school may not lead or direct a religious A public school may not lead or direct a religious

club.club. A public school may allow a student-initiated, A public school may allow a student-initiated,

student led religious club to meet on school student led religious club to meet on school premises during non-instructional time.premises during non-instructional time.

When a public secondary school has a limited open When a public secondary school has a limited open forum, it may not deny equal access to a student-forum, it may not deny equal access to a student-led, student initiated religious club.led, student initiated religious club.

Public school employees may not participate in Public school employees may not participate in student religious group meetings.student religious group meetings.

School employees may be assigned to attend School employees may be assigned to attend student religious group meetings to ensure order student religious group meetings to ensure order and good behavior, i.e., a monitoring function.and good behavior, i.e., a monitoring function.


8686

Lamb’s Chapel v. Center Moriches Lamb’s Chapel v. Center Moriches Union Free School District, 508 U.S. Union Free School District, 508 U.S.

384 (1993)384 (1993) Court:Court: U.S. Supreme Court U.S. Supreme Court Date:Date: 1993 1993 Issue: Issue:

Does a policy that denies a church access to Does a policy that denies a church access to school premises to exhibit a film dealing with school premises to exhibit a film dealing with family and child-rearing issues from a religious family and child-rearing issues from a religious perspective violate the Free Speech Clause of perspective violate the Free Speech Clause of the First Amendment when it permits its the First Amendment when it permits its property to be used for the presentation of all property to be used for the presentation of all views about family issues and child-raising views about family issues and child-raising except those dealing with the subject matter except those dealing with the subject matter from a religious standpoint?from a religious standpoint?


8787


384 (1993)384 (1993) Facts:Facts: A New York state law authorized public school A New York state law authorized public school

boards to adopt reasonable regulations for boards to adopt reasonable regulations for use of school property when it was not being use of school property when it was not being used for school purposes.used for school purposes. The statute allowed for 10 specified uses, The statute allowed for 10 specified uses,

including, but not limited to, holding social, civic, including, but not limited to, holding social, civic, and recreational meetings and entertainment, and and recreational meetings and entertainment, and uses pertaining to the welfare of the communityuses pertaining to the welfare of the community..


8888


384 (1993)384 (1993) A public school board adopted rules and A public school board adopted rules and

regulations for use of school property when regulations for use of school property when it was not being used for school purposes.it was not being used for school purposes.

The policy:The policy: allowed for use for social, civic or recreational allowed for use for social, civic or recreational

usesuses allowed for use by political organizations; andallowed for use by political organizations; and prohibited use by any group for religious prohibited use by any group for religious

purposespurposes


8989


384 (1993)384 (1993) Lamb’s Chapel applied for permission to use Lamb’s Chapel applied for permission to use

school facilities to show a film series dealing with school facilities to show a film series dealing with family and child-rearing issues from a religious family and child-rearing issues from a religious point of view.point of view.

The school district denied Lamb’s Chapel access The school district denied Lamb’s Chapel access to the school facilities because the film was to the school facilities because the film was church-related.church-related.

The subject matter of the film was permissible The subject matter of the film was permissible under the Board’s rule, but the Church was not under the Board’s rule, but the Church was not allowed access because it was presented from a allowed access because it was presented from a religious point of view.religious point of view.

The Church sued the school district.The Church sued the school district.


9090


384 (1993)384 (1993) Conclusions:Conclusions: A school district does not have to provide A school district does not have to provide

use of its property after school hours.use of its property after school hours. When it does open its property for When it does open its property for

designated use after school hours, it may designated use after school hours, it may not discriminate in allowing use of the not discriminate in allowing use of the premises for one of those designated premises for one of those designated purposes after school hours solely on the purposes after school hours solely on the basis of the viewpoint of the organization basis of the viewpoint of the organization requesting to use the building.requesting to use the building.


9191

Good News Club v. Milford Central Good News Club v. Milford Central School, 533 U.S. 98 (2001)School, 533 U.S. 98 (2001)

Court:Court: U.S. Supreme Court U.S. Supreme Court Date:Date: 2001 2001 Issues:Issues:

Did the public school violate the Free Speech Did the public school violate the Free Speech rights of the Good News Club when it did not rights of the Good News Club when it did not allow the club to meet after school?allow the club to meet after school?

Whether the public school’s concern that Whether the public school’s concern that permitting the club’s activities would violate permitting the club’s activities would violate the Establishment Clause justifies its refusal to the Establishment Clause justifies its refusal to allow the club to meet after school?allow the club to meet after school?

Can speech be excluded from a limited public Can speech be excluded from a limited public forum based on the religious nature of the forum based on the religious nature of the speech?speech?


9292


Facts:Facts: New York authorizes public schools to adopt New York authorizes public schools to adopt

regulations governing the use of their school regulations governing the use of their school facilities.facilities.

The Milford Central School adopted a policy for The Milford Central School adopted a policy for use of its buildings after school. The policy use of its buildings after school. The policy provided that residents could use the property:provided that residents could use the property: for instruction in any branch of education, for instruction in any branch of education,

learning or the arts;learning or the arts; for social, civic and recreational meetings and for social, civic and recreational meetings and

entertainment eventsentertainment events for other uses pertaining to the welfare of the for other uses pertaining to the welfare of the

community that were non-exclusive and open community that were non-exclusive and open to the general publicto the general public


9393


Facts:Facts: Two residents sponsor the Good News Two residents sponsor the Good News

Club, a private Christian organization for Club, a private Christian organization for children.children.

The sponsors applied for permission to use The sponsors applied for permission to use the school cafeteria after school each the school cafeteria after school each week to sing songs, hear a Bible lesson, week to sing songs, hear a Bible lesson, and memorize scripture.and memorize scripture.

The school denied the request to use the The school denied the request to use the facilities because club activities were the facilities because club activities were the equivalent of religious worship; and, that equivalent of religious worship; and, that the purpose of the club meetings was the purpose of the club meetings was religious instruction and Bible study.religious instruction and Bible study.


9494


Facts:Facts: The Good News Club sued alleging The Good News Club sued alleging

that the school violated the club’s that the school violated the club’s free speech rights under the First free speech rights under the First and Fourteenth Amendments, its and Fourteenth Amendments, its right to Fourteenth Amendment right to Fourteenth Amendment equal protection, and its right to equal protection, and its right to religious freedom.religious freedom.


9595


Milford Central School operates a limited public Milford Central School operates a limited public forum.forum.

In a limited public forum:In a limited public forum: the school is not required to and does not allow the school is not required to and does not allow

persons to engage in every type of speech;persons to engage in every type of speech; the school may be justified in reserving its the school may be justified in reserving its

limited public forum for certain groups or the limited public forum for certain groups or the discussion of certain topics. Such restrictions:discussion of certain topics. Such restrictions:

may not discriminate against speech on the may not discriminate against speech on the basis of viewpoint; andbasis of viewpoint; and

must be reasonable in light of the purpose must be reasonable in light of the purpose served by the forumserved by the forum


9696


Conclusions:Conclusions: The school engaged in viewpoint The school engaged in viewpoint

discrimination when it excluded the Good discrimination when it excluded the Good News Club from the after school forumNews Club from the after school forum Other clubs could teach morals and Other clubs could teach morals and

character on school premises after school character on school premises after school under the school rules.under the school rules.

The Good News Club was prohibited from The Good News Club was prohibited from meeting because they sought to teach meeting because they sought to teach morals and character, a permissible morals and character, a permissible subject under the school rules, from a subject under the school rules, from a religious standpointreligious standpoint


9797


The school’s restriction excluding the The school’s restriction excluding the Good News Club from meeting after Good News Club from meeting after school hours at the school violates school hours at the school violates the club’s free speech rights.the club’s free speech rights.

The school’s establishment clause The school’s establishment clause concerns do not justify the denial of concerns do not justify the denial of the Good News Club’s use of the the Good News Club’s use of the school premises after school hours.school premises after school hours.


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