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First public school
First public schools established in Massachusettes. They were developed to teach children to read and write. The main purpose was for children to be able to read the Bible. -
First Amendment
The First Amendment, enacted in 1791, specified that "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise therof..." -
14th Amendment
The Supreme Court held that the fundamental concept of "liberty" embodied in the 14th Amerndment incorporates the guarantees of the First Amendment and safeguards them against state interference. -
West Virginia v. Barnette
The Supreme Court made it clear in 1943 in West Virgina v. Barnette that students may not be required to salute the flag. -
Everson v. Board of Education
Everson v. Board of Education was the first major establishment clause decision, wherein the court held that the government cannot aid any one religion or even all religions, but instead must be neutral toward religion. -
Accommodating Student's Religious Beliefs
Historically, schools have often set aside time in school, during school hours, for religious instruction. This practice was declared unconstitutional in 1948, leading to release-time religious education, where the instruction took place off school grounds. This arrngement was upheld in 1952, and it is practices in many school districts even today. -
Epperson v. Arkansas
There have been many challenges to teaching Darwin's theory of evolution. The U.S. Supreme Court struck down an Arkansas antievolution statute under the establishment clause, holding that evolution theory is a science and a state cannot restrict such teaching in favor of religious preference. -
Lemon v. Kurtzman
Lemon v. Kurtzman was a three part test in place by the Supreme Court to evaluate establishment clause claims. The government action or policy must (1) have a secular purpose, (2) have a primary effect that neither advances nor impedes religion, and (3) avoid excessive entanglement of government with religion. This was used until 1992. -
Wisconsin v. Yoder
The best-known case involving a free exercise claim involved the Amish, where, in Wisconsin v. Yoder, the Court exempted the children from school attendance after successful completion of eight grade. Decision was made based upon the 300 year old practices of the Amish. -
Voluntary Prayer
The Supreme Court struck down an Alabama law in 1985 that inserted the phrase "or voluntary prayer" into an existing statue that authorized a period of silent meditation. The insertion indicated an intent to encourage students to pray. -
Ten Commandments
In 1985, the Supreme Court declared a Kentucky law unconstitutional that required the posting of the Ten Commandments in public school classrooms. -
Mozert v. Hawkins Cnty. Bd. of Educa.
Students may secure exemptions on religious grounds from sex education, drug education, coeducational physical education, dancing, and officers' training programs. In a Tennessee school district parents wanted their children to be excused from reading a basal reading series. The appeals court found no burden on the students' religious beliefs since they were not required to perform religious exercises or profess belief. -
Lee v. Weisman
It has been common practice for principals to invite members of the clergy to deliver invocations at graduation ceremonies. In Lee v. Weisman, such a policy in a Rhode Island school district was declared unconstitutionla by the Courts as a violation of the establishment clause. -
Doe v. Madison School District
An Idaho school district designated the graduation ceremmony a "forum for student expression? and students could include religious messages at their discretion. -
Newdow v. United States
The inclusion of the phrase "under God" probably does not violate the establishment clause, although there is no authorative Supreme Court decision on this matter. Th eonly case that has reached the Court so far, Newdow v. United States, was dismissed on procedural grounds because the father who brought the suit ddi not have legal custody of teh student.