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The first publicly supported schools in America were established due to religious motives when the Massachusetts legislature enacted the famous "old Deluder Satan" Act.
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It specifies that "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof...."
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Students may not be required the salute the flag.
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Setting aside time in school, during school hours for religious instruction was declared unconstitutional.
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Religious education instruction can take place off school grounds.
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The Supreme Court declared that school-sponsored prayer and/or Bible reading violated the establishment clause.
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The U.S. Supreme Court said that evolution theory is a science and a state cannot restrict such teaching in favor of a religious preference.
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A three-part test was formed to evaluate clause claims. It states that the government action or policy must:
1) have a secular purpose
2) have a primary effect that neighter advances nor impedes religion
3) avoid excessive entanglement of government with religion -
The best-known case involving a free exercise claim involved the Amish. The Court exempted the children from school attendance after successful completion of eighth grade.
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The Supreme Court declared a Kentucky law unconstitutional that required the posting of the Ten Commandments in public school classrooms.
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The Supreme Court struck down an Alabama law that inserted the phrase "or voluntary prayer" into an existing statute that authorized a period of silent meditation.
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The appeals courts found no burden on religious beliefs in reading a basal reading series since they were not required to perform religious exercises or profess belief.
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The Court declared it unconstitutional for principals to invite members of clergy to deliver invocations and benedictions at graduation ceremonies.
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Allowed students to recite "an address, poem, reading, song, musical presentation, prayer, or any other pronouncement of their choosing" at graduation ceremonies.
(vacated and remanded en banc because the student had graduated) -
A requirement that students contruct images of a Hindu deity violated the First Amendment, and the making of worry dolls was prohibited because it indicated a preference for superstition over religion in violation of the establishment clause.
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If public schools are no way involved with renting space to conduct baccalaureate graduation ceremonies that include prayers.
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A case that was dismissed on procedural grounds where a father complained that the Plege of Allegiance said "under God."