Wednesday, November 16, 2011

Separation of Church and State

The separation of church and state is firmly ingrained in the U.S. Constitution. Keyfounders such as Thomas Jefferson, James Madison and others supported this idea and insisted that only church-state separation could guarantee the freedom of all Americans. Church-state separation is not only an historic principle, it is also America's great gift to the world. Under the separation policy, Americans have enjoyed more religious freedoms than any other people in history. Public schools serve children from a variety of religious and philosophical backgrounds.

The Supreme Court ruled against mandatory school prayer in 1962 and
1963. However, this does not mean there can be no religion in schools. Public school students have the right to pray voluntarily in a non-disruptive fashion during the school day and read religious texts during free time. A short rule of thumb: Individual, voluntary religious activity by students is permitted; school-sponsored religious worship is not.

The Supreme Court ruled in 1943 that public schools may not require students to recite the Pledge of Allegiance. Public schools may not punish students who decline to participate. Students who choose not to say the Pledge also cannot be required to stand for it, however, they may be expected to sit quietly and not disrupt the proceedings.

On February 7, 2003, guidelines on constitutionally protected prayer in public elementary and secondary schools were issued. The following is a brief list of the guidelines that were issued by the United States Department of Education regarding religion in public schools (http://www.ed.gov).

Prayer During Non - Instructional Time
Students may pray when not engaged in school activities or instruction, subject to the same rules designed to prevent material disruption of the educational program that are applied to other privately initiated expressive activities.

Organized Prayer Groups and Activities
Students may organize prayer groups, religious clubs, and "see you at the pole" gatherings before school to the same extent that students are permitted to organize other non-curricular student activities groups. Such groups must be given the same access to school facilities for assembling as is given to other non-curricular groups, without discrimination because of the religious content of their expression.

Teachers, Administrators, and other School Employees
When acting in their official capacities as representatives of the state, teachers, school administrators, and other school employees are prohibited by the Establishment Clause from encouraging or discouraging prayer, and from actively participating in such activity with students.

Moments of Silence
If a school has a "minute of silence" or other quiet periods during the school day, students are free to pray silently, or not to pray, during these periods of time. Teachers and other school employees may neither encourage nor discourage students from praying during such time periods.

I feel there needs to be a balance between church and state. It is clear that school leaders, students, teachers, and parents all have their own beliefs, values, and traditions. It needs to clear that they cannot force their beliefs on others. In this day and age, it is important to share these beliefs. Tolerance and diversity are a crucial part of education today.

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