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ACLU Foundation of Colorado
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KNOW YOUR RIGHTS -
A Guide For Public School Students in Colorado
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Freedom of Religion
Freedom of religion means the government may not establish or encourage any one religion, nor may the government limit your freedom to practice any religion. These rights are rooted in the First Amendment of the U.S. Constitution and in Article II Sec. IV of the Colorado Constitution.
A. School "Establishment" of Religion
B. Accommodating Religious Students
| IN THE CONSTITUTION The First Amendment Establishment Clause says the government cannot promote, teach, or “establish” religion in any way. Since the government runs public schools, these institutions cannot promote religion either. The First Amendment Free Exercise Clause says the government cannot prohibit or penalize your religious practice, your “free exercise” of religion. It protects your right to practice a religion or to be non-religious. The Colorado Constitution has similar provisions. It also guarantees the “free exercise” of religion, and prohibits laws from giving “preference” to any one denomination. |
A. School "Establishment" of Religion
THE SITUATION: My history teacher begins each class with a recitation of the Lord’s Prayer. Most of the kids at my school are Christian and don’t mind saying the prayer, but my Jewish friend feels out of place. Since my school is mostly Christian, my teacher is allowed to lead us in the Lord’s Prayer, right?
NO. Your teacher is promoting Christianity. This is a clear violation of the Establishment Clause, which prohibits schools from promoting a religion. No teacher or school administrator may promote or encourage any one religion, even if it is the faith of most students. Think about the two or three students in your class who don’t practice Christianity. The message to them is that they’re different, outsiders, and maybe even thatthey’re not welcome.10
10. Engel v. Vitale, 370 U.S. 421 – The United States Supreme Court Santa Fe Independent School District v. Doe
– The United States Supreme Court
THE SITUATION: Can we have a school-wide prayer before a football game?
NO. A formal prayer recitation at a school-sporting event even if it is voted on by the students is an example of the state promoting a religious belief or religion over non-religion. For all intents and purposes a school football game is a school event, and schools cannot advocate a religious belief.11, 12
11. Santa Fe Independent School District v. Doe – The United States Supreme Court
12. Ingebretsen v. Jackson Public School District – United States Court of Appeals for the Fifth Circuit
THE SITUATION: Okay, but my homeroom teacher orders a moment of silence each morning. She says we’re supposed to think about the upcoming day while we’re quiet. Is that allowed?
Probably. As long as the teacher doesn’t imply that the students should praise God or a specific religious figure, this would not violate the Establishment Clause.13
13. Wallace v. Jaffree, n. 31 – The United States Supreme Court, Brown v. Gilmore – United States Court of Appeals
for the Fourth Circuit
THE SITUATION: What about guest speakers? Last week our principalinvited a rabbi to our school to celebrate Yom Kippur. He led us in prayer and encouraged us to join his church. Since the rabbi doesn’t work at the school he can speak, right?
No. This still violates the Establishment Clause because your school is providing a venue for the speech and promoting the event. He is using the school’s facilities, time in the school day, and demanding the attention of the students to give a religious message. The fact that the rabbi doesn’t work at the school doesn’t allow him to promote religion or proselytize to its students.14
However, if the speech were designed to give an educational message about a religion, rather than indoctrinate students into a religion, the presentation would not violate the Establishment Clause of the First Amendment.
14. Lee v. Weisman – The United States Supreme Court, 505 U.S. 577 (1992)
THE SITUATION: Can our school sponsor Christmas pageants, lead us in singing religious songs, or display religious symbols around the winter holidays?
These are difficult legal questions, and largely depend on the facts of the particular case. In general, schools cannot promote one religion over others. Singing songs, or making displays that encourage one religion would violate the Establishment Clause, so months of preparation for a Christmas pageant may not be permissible. However, schools are allowed to educate their students about various religions and engage in secular holiday traditions, so a production with multiple religious and secular songs or one that celebrates the holiday season without proselytizing
may not violate the Establishment Clause.
THE SITUATION: My literature class was assigned to read a section of the Bible for homework, is that allowed?
Like many Establishment Clause questions, the answer largely depends on the facts of theparticular case. Religious texts can be used for scholarlyresearch and educational purposes. If you study how the Bible was written or what effect it had on customs and other religions, that may not violate the Establishment Clause. If you read the New Testament in conjunction with class prayers;that would be promoting Christianity and violates the Establishment Clause.
THE SITUATION: My biology class was assigned to read a section of the Bible for homework, is that allowed?
No. In a 2006 ACLU case, a judge ruled that intelligent design, a theory on the origins of the universe rooted in Judeo-Christian theology, was not a scientific but a religious theory. Therefore it should not be taught in a science class, not even as a counterpart to evolution. Teaching intelligent design would violate the Establishment Clause because it substitutes a particular religious theory over a scientific theory.
| CASE IN POINT Kitzmiller et al. v. Dover Area School District The Dover, Pennsylvania School District required biology teachers to read a statement emphasizing evolution is a theory. It then posited Intelligent Design as an alternate theory. In December 2004, the ACLU of Pennsylvania sued the Dover Area School District on behalf of eleven parents who objected to the policy. The ACLU of Pennsylvania alleged Intelligent Design was not a theory founded on scientific evidence, but rather a kind of creationism in disguise. The school district was therefore teaching a religious doctrine in science class, violating the Establishment Clause. |
B. Accommodating Religious Students
THE SITUATION: My friends and I are all practicing Christians, is it okay for us to start a Bible study club on campus after school?
Yes. As long as a teacher doesn’t organize or promote the group, a student-run religious group is fine. The Free Exercise Clause protects those activities. But if the school permits religious groups to meet and use the school’s facilities, they need to give the same privileges to other students.15,16,17
15. Westside Community Schools v. Mergens – The United States Supreme Court
16. Equal Access Act, passed August 11, 1984
17. Good News Club v. Milford Central School – The United States Supreme Court
THE SITUATION: I’m a Muslim, and I pray during the day. Is it okay to pray during school hours?
Yes. Any student can pray during the day on his or her own. A rule that categorically prohibits Muslim prayer, or any prayer for that matter, violates the Free Exercise Clause. You have the right to exercise your religion. That doesn’t mean you can disrupt class to pray, however. Find times and places that are not disruptive.
THE SITUATION: Can I hand out copies of my favorite parts of the New Testament during school?
For the most part, Yes. As long as your activities don’t impede or disrupt the educational process, you can tell other students about your ideas, opinions, and religion. That includes distributing information about a religion. This does not mean, however, that you can stand up in the middle of class and start reciting a religious text or that you can block a busy doorway to hand out flyers. Courts have ruled that teachers and administrators have the authority to maintain a decorum
that encourages a learning environment. You can exercise your freedom of religion, but not by disrupting the school day.18
18. Tinker v. Des Moines Independent School District – The United States Supreme Court