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Publicly Supported Schools in America were established due to religious motives in 1647.
THe Massachusetts legislature enacted the famous "Old Deluder Satan" Act. They believed that they could delude Satan and achieve salvation by learning to read the Bible. For this reason they established schools to teach children to learn to read the Bible. These schools were originally protestant but later other religions established schools as well. -
Bill of Rights is adopted with no mention of education
The Bill of Rights does not mention education but does say that powers not specifically mentioned will rest with the states. -
Students may not be required to say the Pledge of Allegiance or Salute the Flag.
In the case of West Virginia v. Barnette it was made illegal to require student sto do these things if a religious or conscientious objection existed. -
No Religious instruction during school hours or on school grounds.
Schools would traditionally set aside time during school for religious instruction. When it was declared unconstitutional the schools adopted "release-time" when they would release the students to go off of school grounds for a time of religious education and the students would come back after that time was over. -
McCollum v. Board of Education
Outlawed the use of public school facilities for the instruction of students for religious reasons. -
The Practice of "Release-Time" was upheld.
It is allowed if it is away from school property and without school funding. Also, it must be for at lease one hour per week. -
Prayer in Public Schools is in violation of the Establishment Clause.
In the early 1960s it was ruled that school-sponsored prayer and/or Bible reading was against the Establishment Clause. -
Organized Bible Reading in Schools is Outlawed.
Abington School District v. Schempp. The court ruled in favor of Schempp and said that it was unconstitutional to read the Bible in schools. -
Lemon Test Announced by Supreme Court
The "Wall of Separation" between church and state, as quoted from Thomas Jefferson, had traditionally been used to determine the government's role in education. In 1971 the Supreme Court deceloped a three-part test called the Lemon Test to evaluate the establishment clause in the case of Lemon v. Kurtzman. -
Amish children are exempted from school after 8th grade.
Wisconsin v. Yoder. -
Display of Ten Commandments in School Classrooms was declared unconstitutional.
A Kentucky law that required the display of the Ten Commandments in classrooms was declared unconstitutional. There are some courts that found problems with displaying religious paintings or symbols but have chosen to recognize religious holidays as a way to make sutdents aware of the role of religion in history and our culture. -
Edwards v. Aguillard
Outlawed the teaching of Creationism in public schools because promotes a certain religion. -
Unconstitutional for principals to ask Clergy to pray at graduation ceremonies.
Lee vs. Weisman. -
Illegal to teach Intelligent Design.
It is against the Establishment Clause to teach Intelligent design because it is associated with a particular religious view. -
Student-Led and Student-Initiated Prayer is Outlawed.
It is against the Establishment Clause for students to pray at football games.
