Use of Public School Facilities by Religious Groups: Under a 1993 Supreme Court ruling, public schools that permit their facilities to be used by community groups are not permitted to discriminate against religious groups. Here is a brief review of eight such cases. Individuals who are interested in the ongoing debate about religious expression in the classroom should understand some information about this case. Considerations of religious freedom prevailed in both. ... barring any type of religious expression in a public school … Compelled free speech by public schools. The Establishment Clause, the Free Exercise Clause, and the Free Speech Clause form the nexus of constitutional texts governing the limits of policy as to religious expression in schools. A New York teacher recently had a case heard in Second Circuit Court of Appeals court concerning the display of religious items in her classroom. McCollum v. Board of Education, decided in 1948, ruled that this was unconstitutional when the church used the public school to get this attendance. Amherst, NY: Prometheus Books. The Oxford Guide to United States Supreme Court Decisions. Kermit L. Hall, ed. Alley, Robert S. (1999). The lower court previously ruled against the teacher. This First Amendment activity is based on the landmark Supreme Court case Engel v. Vitale, dealing with the line between religion and public schools. These guidelines, addressing the extent to which religious expression and activity are permitted in public schools, were originally issued in 1995. The Oxford Companion to the Supreme Court of the United States. ISBN 1 … Kermit L. Hall, ed. Confusion began after the Supreme Court, in a landmark 1962 decision, banned school-sponsored prayer in public schools. Two early but important Supreme Court cases defined the ability of students to not take part in some public school activities based on First Amendment religious objections. More 403 v. Fraser (1986) and Hazelwood School District v. Using these talking points to start the discussion, argue your position in answer to the question: Is school-sponsored prayer in public schools unconstitutional? The first Supreme Court cases to deal with religion in public schools involved the determination of whether or not students could be allowed to leave to attend religious classes. Lamb’s Chapel v. Center Moriches School District (1993). The U.S. Supreme Court has decided several cases involving the First Amendment rights of public school students, but the most often cited are Tinker v. Des Moines Independent Community School District (1969), Bethel School District No. First, the United States Supreme Court has been particularly mindful of the coercive risks associated with organized religious expression in the public schools. The legal issues surrounding student religious expression in the public schools rest on competing, if not inconsistent, theories. We list the important Supreme Court decisions on religious expression in public schools in Table 1. The Constitution & Religion: Leading Supreme Court Cases on Church and State. First, in the 1940 case of Minersville School District v. The schools argue that their lay teachers are exempted under the so-called "ministerial exception," which the Supreme Court set out in 2012 after the … Supreme Court Doctrine on Religion in Public Schools. What has the Supreme Court said about free expression? 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