Overview

An issue that was strongly debated by the Student Advisory Committee for the 2001 Illinois Youth Summit was a perceived link between violence among young people and the moral state of American society. Some of the students argued that moral education should be available in public schools, while others questioned this proposal by raising the issue of the constitutional separation of church and state.

In this unit you will consider these same issues of public morality and the constitutional separation of church and state. First you will read about past and current decisions of the U.S. Supreme Court concerning the separation of church and state. Then you will consider two legislative proposals addressing public morality which raise the church/state issue.

Focus Questions

Should the Illinois State law which allows for a brief period of silence for all students at the beginning of every school day be amended to require a brief period of silence? Should Congress make federal funding available to faith-based organizations to provide moral and character education in public schools?

Objectives

• Analyze decisions of the U.S. Supreme Court dealing with religious freedom, identify competing interests and suggest resolutions to the conflicts.
• Understand the tests used by the U.S. Supreme Court to determine whether a particular case violates the First Amendment to the U.S. Constitution.
• Recognize the interrelationship between the free exercise and establishment clauses of the First Amendment to the U.S. Constitution.
• Formulate and defend a reasoned position on Survey issues including moment of silence legislation and federal funds to faith-based organizations.

Religion and the Public Schools: U.S. Supreme Court Decisions

The First Amendment to the United States Constitution reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Below are three cases that involve government action and religious expression. For each case, decide whether the expression/action is

• Protected by the First Amendment's speech clause, (protected – speech)
• Protected by the First Amendment's free exercise clause (protected – free exercise), or
• Prohibited by the First Amendment's establishment clause (prohibited – establishment).

Give your reasons.

1. A state law authorizes a one-minute period of silence in all public schools "for meditation or voluntary prayer."

2. A group of high school students applies to the school principal to form a prayer club. The group agrees to follow the rules required of student clubs which meet twice a week at the beginning of the school day during an activity period. A faculty member volunteers to supervise the group. The school system denied the students' request.

3. A middle school principal invites local members of the clergy to offer an invocation and benediction each year at graduation. The principal provides the clergy with guidelines prepared by the National Conference of Christians and Jews to ensure that the prayers are inclusive and appropriate for public ceremonies.

Adapted from: Street Law: A Course in Practical Law, 6th edition, chapter 40, pp. 463 – 465

Religion And The Public Schools: Answer Key

1. Prohibited by the First Amendment's establishment clause
Wallace v. Jaffree , 472 U.S. 38 (1985).

In the case of Wallace v. Jaffree , the Supreme Court held that a state law authorizing a one-minute period of silence in public schools was unconstitutional as a violation of the First Amendment's establishment clause. Using well-established guidelines set out in Lemon v. Kurtzman , 403 U.S. 602 (1971), the Supreme Court determines the constitutionality of a statute under the establishment clause through a three-part test. First, the statute must have a secular purpose. Next, the principal or primary effect of the statute may not advance or inhibit religion. Finally, the statute may not foster excessive government entanglement with religion. In this case, the court found that the statute failed on the first prong of the test. The legislative intent and purpose of the state law was to advocate religion and return voluntary prayer back to the public schools. This purpose was clearly not secular. Therefore, the law was in violation of the establishment clause under the First Amendment.

2. Protected by the First Amendment's free speech clause
Board of Education of Westside Community Schools v. Mergens , 496 U.S. 226 (1990).

Using the Equal Access Act of 1984, the Supreme Court, in the case of Board of Education of Westside Community Schools v. Mergens , held that the denial of students' requests to form a prayer club was a violation of the students' First Amendment speech rights. Applying the Act, the Court found that once the school maintained a "limited open forum" for non-curriculum related student groups, it was prohibited from keeping other groups from forming clubs based on the content of their message, even prayer clubs. At the heart of the decision, the Court found that the Equal Access Act was not a violation of the establishment clause because it provided for equal access to both secular and religious speech and did not have the primary effect of advancing religion.

3. Prohibited by the First Amendment's establishment clause
Lee v. Weisman , 505 U.S. 577 (1992).

In Lee v. Weisman , the Supreme Court held that officially sponsored invocations and benedictions at public school graduations violated the First Amendment ban against government establishment of religion. In this case, the school (acting as a government party) had the effect of coercing students into participation in religious exercises when they sponsored prayers at a school event. By the direction and advice of school officials that the prayers be nonsectarian, their acts constituted control of the prayers' content and school entanglement with religion, which effectively violated the establishment clause.

Street Law, Inc.

Applying Lemon, Mergens, and Weisman

Focus Policy

Should the Illinois State law which allows for a brief period of silence for all students at the beginning of every school day be amended to require a brief period of silence?

Instructions

Divide the class in three groups. Ask each group to apply one of the cases on 3B, "Religion And The Public Schools: Answer Key," to the proposed change in Illinois law (Note: This law has not been officially proposed in Springfield). Each group is responsible for listing its reasons and selecting three representatives to present their position. Have the groups make their presentations, alternating one representative from each group.

Questions for Discussion

What are the strengths and limitations of each test?
Which test did you find more useful? Which was more compelling?
What might prove a more useful test?

Moral Education in the Public Schools

Moral education in public schools is as old as public schools themselves in this country. Early in American history, moral education in public schools was distinctly Protestant Christian in tone. In the 20th century, following decisions by the U.S. Supreme Court, most public schools moved away from the explicit teaching of moral behavior, whether in a Protestant, religious, or even non-religious context. Today, some people believe that public morality – what our society thinks is right and wrong – has suffered.
In this activity, you will have the opportunity to consider and discuss some of the perspectives people have on this question. You will then read about and discuss a specific initiative, called "Operation 10," that promotes book covers for public school students that feature the Ten Commandments from the Old Testament (Hebrew Bible). Finally, you will assess a proposed federal policy for funding faith-based groups to conduct moral and character education in the public schools.

Activity

( "Moral Education in the Public Schools: A Primer." Have everyone read the statements, then break the class into pairs and have them review each statement, selecting those which they find most compelling. Remind everyone that it is all right to select statements that come from "both sides of the aisle." Allow 10-15 minutes for students to work through the statements.

(2) Distribute 3F, "Chicago Students Head Back to School with Ten Commandments on Books", and 3G, "Operation 10 Book Covers." Have everyone read through the handouts and then decide, for the purposes of discussion, whether they support or oppose the initiative.

(3) Distribute 2B, "Philosophical Chairs," and follow the instructions for conducting a discussion like the one in Unit 2 on the proposed trigger-lock policy.

(4) Consider the following proposed federal law (Note: This law has not been officially proposed in Congress or by President Bush):

Should Congress make federal funding available to faith-based organizations to provide moral and character education in public schools?

Have the class divide into supporters and opponents of the policy. Using Handout 1B, "GRADE," and ideas from the discussion above, each group will create a report (not more than 250 words) of recommendations on the proposal. The class report will include both majority and minority recommendations and not exceed 500 words.

Moral Education in the Public Schools: A Primer

Below are some statements concerning moral education in the public schools. Read each statement and think about it carefully. With a partner, select those reasons with which you agree. You may agree with reasons supporting more than one perspective.

• Government has no business telling children what to believe about matters of conscience. Choices of belief belong with parents and, when they are older, young people themselves.
• To exclude faith-based groups from teaching moral education is like excluding Isaac Newton from a course on physics. Religious teachings are the foundation of our morality.
• In order to allow faith-based groups into public schools, the government will have to decide what is a "real" religion. Schools will have to decide whose religion is more important, with minority or unpopular religions always at a disadvantage. Thus, the schools will promote government's intrusion into the most personal choices of conscience.
• To ban faith-based groups from helping promote public morality in schools simply because of their beliefs is unconstitutional discrimination based on viewpoint.
• Faith-based groups have no monopoly on morality. To limit participation only to faith-based groups and not other groups with distinct cultural or socioeconomic teachings amounts to unconstitutional discrimination based on viewpoint.
• If faith-based groups can receive federal funding to provide essential social services, then it seems reasonable that they should receive funds to do what they know best: helping people make moral choices.
• Private schools, religious or otherwise, have been a choice for American children since before the Revolution. If moral education is so important to faith-based groups, they – not the public – should pay for their specific teachings in their own schools.
• If faith-based groups are to teach morality in public schools, they will have to create a watered-down doctrine that is so general that it does not provide real guidance. This is the very kind of teaching that people criticize today in public education.
• If faith-based groups teach morality in public schools, they will have to find a way to cooperate and work together. Their example alone is reason to support the idea.
• Separation of church and state strengthens both. To encourage faith-based groups to joust for position and resources within the public schools will lead to the politicization of religion – the very problem the First Amendment was designed to prevent.
• Faith-based groups often are the only vital institutions in a community. Denying them a voice on such critical issues further isolates public schools from those who could help the most.
• "Love your neighbor," "do not murder," or "do not steal" are universal values. Faith-based groups can provide critical validation for these teachings among young people. Students can understand where the universal values stop and their own distinct beliefs begin.
• If "do not murder" and "do not steal" are indeed universal values, then faith-based groups are not necessary to teach them. If the values must be taught through the unique teachings of Jesus, Buddha, Mohammed, or Zoroaster, then that violates the First Amendment.

Chicago Students Head Back to School with Ten Commandments on Books

August 16, 2000, CHICAGO, Ill. - A Chicago-based family television network - leading a multi-faith coalition of about 240 Jewish, Catholic and Protestant organizations - will kick off the school year by distributing 100,000 free book covers and folders emblazoned with the Ten Commandments to students.
And the public school chief approves - as long as they distribute covers off school grounds.
In a signal of smarter navigation by religious organizations of Church-State boundaries, the coalition carefully avoided crossing lines that would politicize the distribution of the book covers, even moving today's kick-off press conference and rally outside school property, despite assurances from officials that the event could be held at an elementary school. Instead, the coalition held its rally for "Operation 10" in front - but not on the grounds - of Von Humboldt Public Elementary School, located in an ethnically and economically diverse neighborhood, where about 150 religious leaders and students gathered in support of the effort.
"This is not a Church-State issue, it's about freedom of expression," said Jerry Rose, president of the Total Living Network, which spent about $30,000 to design and produce the book covers that list the Ten Commandments in modern English along with inspirational quotes from role models such as Abraham Lincoln and Oprah Winfrey. "We're giving students a personal choice to decide if he or she will take to school this daily reminder of God's original 'Top Ten' list."
In an election year full of talk about faith-based solutions to America's problems, the Chicago initiative is a sign of closer cooperation between religious groups and local governments. Both the public school chief and local Alderman of the ward where the rally was held were very vocal about their support.
Chicago Public Schools Chief Paul Vallas told the Sun-Times on Monday the book covers are in keeping with the system's current character and values education push. In an earlier statement of support for "Operation 10," Vallas told planners, "Years ago, I invited members of the religious community to become more involved in public education - in order to positively influence Chicago children. I support the Ten Commandments Book Cover project 100% as long as public funds are not used to produce it and it is distributed to students via churches, organizations and concerned people outside the schools." And at today's rally, Wilfredo de Jesus, Vallas' assistant, conveyed the school chief's support of the project.
"I think there is a huge gap between what is Constitutionally permissible and what is actually practiced in most school districts today," said Rose. "We're saying, let's respect the boundary between Church and State, but also be reasonable about finding ways for people of faith to get plugged into the system. After all, what school in America would have a problem with 'do not murder' or 'do not steal?'"
William Dillon, founder and executive director of Inner City Impact, a Christian ministry that works with children and teens in the Humboldt Park neighborhood, spoke passionately of the need for the project. He asked the crowd to remember sixth-grader Miguel de la Rosa, who was shot and killed last month by gang crossfire not far from the school. Dillon had led Miguel in a Bible study just hours before he was killed and continues to tutor Miguel's brother. "I guarantee that if you talk to his mom, she would tell you she wishes Miguel's killers had operated their life under these values."
Rev. Michael Pfleger, a Catholic priest at St. Sabina Church in Chicago, said he thinks even people who do not practice Judaism or Christianity would agree with the actual values represented in the Ten Commandments. He said his Muslim friends had no objections to the book covers. "If they are not acceptable to some because of their mention of God, then should we take the Pledge of Allegiance out of our classrooms, which says we're a nation under God? Then should we take the Declaration of Independence out of our classrooms, which refer to God four different times? It's time to be concerned with the whole development of our children - developing their minds, their character and their values - and equipping them to become productive members of our society."
Rabbi Yechiel Eckstein, founder and president of the International Fellowship of Christians and Jews, also supports the project. "I am thrilled with TLN's leadership role in helping imbue our children with greater moral values and heartily endorse its program providing book covers to students in a Constitutionally legitimate manner. I hope this program will have the impact we all seek of bringing up a generation of youth not only educated with facts but inculcated with sound moral values."
Rose said 100,000 of the book covers and folders, which bear the Ten Commandments against a backdrop of a star-studded sky overlooking Earth, will be distributed by the end of September. In addition to the churches and organizations that will distribute to students, many students are volunteering to pass out the book covers to their peers - off of school grounds - during the first week of school.
"This is not about conflict, it's about contribution. This is about reinforcing our community's moral ideals - values that are universally accepted - in order to help our students develop their own personal moral code," said Rose. "We believe this is the best way we can start the school year, and based on the positive response from students so far, we think they agree."

Source: Total Living Network, www.tln.com/press/view.html

"Operation 10" Book Covers

Total Living Network has created a book cover and folder to provide Chicago area students a daily reminder of the original top ten list for the soul when they head back to school.

Over a colorful view of earth from outer space, positive quotes from famous Americans are complemented by a modern wording of the Ten Commandments. Along with community leaders, parents and clergy, TLN plans to distribute these colorful and inspiring book covers and folders to over 100,000 children this fall.
A unique way to remind students of the principles that will enable them to make better choices, the book cover and folder feature a modern version of the Ten Commandments on the front:

Only worship the one true God.
Do not worship idols.
Do not misuse God's name.
Remember the Sabbath day and keep it holy.
Show respect to your father and mother.
Do not murder.
Be faithful in marriage.
Do not steal.
Do not tell lies about others.
Do not want anything that belongs to someone else.

On the reverse are quotes from heroes and commendable role models that promote good thinking:
"A man may die, nations may rise and fall, but an idea lives on." - John F. Kennedy
"You have to expect things from yourself before you can do them." - Michael Jordan
"If you tell the truth, you don't have to remember anything." - Mark Twain
"We must learn to live together as brothers or perish together as fools." - Martin Luther King, Jr.
"Hold the highest vision possible for your life and it can come true." - Oprah Winfrey
"You cannot escape the responsibility of tomorrow by evading it today." - Abraham Lincoln

Source: Total Living Network, http://www.tln.com/operation10.html

Public Morality: Suggested Service Projects

• Research your school's policies on character education. If your school has a policy to implement or teach character education, how do they do it? Is there a class? Is it part of the overall curricular goals? When was the policy implemented? Does it work? For example, have there been fewer incidents of violence? Do students report getting along better? Is there less intolerance? Prepare summaries of the policies that you believe are the most and the least effective, or create an alternative policy to address public morality in your school. Submit your work and recommendations to your school principal, local school council, or board of education.
• Write a letter to your U.S. Representative and U.S. Senators in Washington or your State Representative and Senator in Springfield expressing your views about public morality and the participation of faith-based groups in public schools. Invite your legislator or a member of their staff to discuss the issue with your class.
• Develop an alternative policy for promoting a stronger sense of right and wrong among students for your school/community. Write up your idea, gather signatures of supporters, and submit your plan to your senator or representative.
• Survey students who participate in faith-based youth activities. Collate and assess their experiences and draw conclusions on promoting a stronger sense of morality that are based on your research. Convene a forum to discuss your findings in your school or community. Invite religious and political leaders to comment and respond.
• Create a website on these and related issues for use by students. Send an email to the CRFC web master (coleman@crfc.org) so it can be linked to the 2001 Illinois Youth Summit web site.