There continues to be a significant debate as to the most effective means of providing North Carolina's children with the best possible education. The one point upon which a great majority agree is that, despite substantial increases in funding, public education is not meeting the needs of a large proportion of the state's students. This paper…

The varying definitions and conceptions of secularism are explored in terms of government interpretation and legal response. It is argued that issues of state neutrality towards religion can be balanced with religious expression within the context of community schooling in the USA. Examining a more balanced approach of effects of government action…

United States Supreme Court Justice Clarence Thomas writing for a plurality of the Court in "Mitchell v. Helms" in 2000 advanced the idea that state constitutional prohibitions against public funding of religious schools were manifestations of anti-Catholic bigotry in the late 19th century. Thomas' reading of history and law led him to…

Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…

While adherents to many religions can be identified by distinctive clothing or accessories, the wearing of such garb by teachers is not necessarily related to evangelism in the classroom. The following case and the accompanying question-and-answer discussion illustrate the problem of the principal caught between the rock of First Amendment…

This document is one of a series of papers by leading scholars presented at the State University of New York's annual program of educational policy seminars. The paper reviews recent judicial attempts to interpret the U.S. Constitution's first amendment's establishment clause in areas that have had a significant impact on educational policy…

The U.S. Supreme Court, the Congress, state legislatures, and city councils can ask for divine guidance, but public schools are denied this advantage. The First Amendment was designed to protect religious minorities from oppression by a religious majority, not to protect people from religion. Tapping into a higher power would civilize, not…

Jerry Cammarata's poignant article provides a valuable opportunity to discuss the Supreme Court's wisdom in prohibiting nondenominational prayer in public schools in 1962 ("Engel v. Vitale") and to review current case law. The Constitution permits prayer chosen and spoken privately by a student, supported by family, friends, and clergy.…

Introduces the following Counterpoint article on "Ex Corde Ecclesiae" ("From the Heart of the Church"), a document issued by Pope Paul VI in 1990 that provided guidelines for the operation of Roman Catholic colleges and universities. (PKP)

Argues for a substantial neutrality test to replace the absolute separation form of the tripartite test in construing and applying the establishment clause of the First Amendment. Available from Harvard Society for Law and Public Policy, Inc., Langdell Hall, Harvard Law School, Cambridge, MA 02138; $4.00 per issue. (Author/IRT)

Traces the history of "The Pledge of Allegiance" litigation and discusses the probability the Supreme Court will agree to resolve the difference in judicial opinion over the constitutionality of including the words "under God" in the pledge. (Contains 32 references.) (MLF)

Explores the opinions of Justice Rehnquist in issues concerning religion and public education; observes that the Supreme Court appears just one vote away from shifting church/state issues to the local level; and urges those concerned with constitutional values and public education to reexamine the Bill of Rights. (MLF)

Challenges assertion in article by the Alexanders that "Ex Corde Ecclesiae" will increase risk that Catholic institutions of higher education will violate the Establishment Clause. Authors argue that recent Establishment Clause decisions by the U.S. Supreme Court have effectively eliminated the wall of separation between church and…

Questions arise about the constitutionality of including some form of prayer, usually an invocation or benediction, in public school graduation ceremonies, and whether such prayer can appropriately be delivered by a minister or other religious leader. The U. S. Supreme Court has not addressed this precise issue, but an analysis of other courts'…

Examines recent court holdings concerning the schools and the celebration of religious holidays, the establishment of religious clubs and organizations, and the distribution of Bibles. (IRT)