Vouchers' constitutionality was given new life by "Agostini vs. Felton," in which the U.S. Supreme Court reversed an earlier decision banning onsite delivery of Title I services in sectarian schools. "Agostini" may signal a new era favoring increased aid to religiously affiliated schools, such as those participating in…

The United States Supreme Court is currently deliberating the case of "Kiryas Joel." At issue is a public school district set up specifically to meet the religious needs of an orthodox Jewish community, as the community defines them. Presents opposing arguments from the New York State School Boards Association and the National Jewish…

Examines the controversy that has arisen over the implementation of the private school section of the regulations concerning the Education for All Handicapped Children Act of 1975 and analyzes the constitutionality of the regulations under the case law on the establishment clause. (Author/IRT)

Describes two federal court cases concerning objections to public school textbooks. In "Smith v. Board of School Commissioners of Mobile County," parents attempted to eliminate objectionable content from textbooks through the Establishment Clause. In "Mozert v. Hawkins County Public Schools," parents wanted to remove children…

In August 1999, the Kansas State Board of Education voted to remove the subject of evolution from state-mandated tests required for all Kansas students. Looks at the board's decision in light of current Establishment Clause jurisprudence; examines the consequences for schools, students, and courts nationwide; and whether the state's action is a…

Darwinian evolution is accepted by the great majority of scientists as the method by which the diversity of earth's organisms, including humans, evolved. Current research continues to expand our knowledge of evolutionary mechanisms. However, certain religious groups, supporting teaching the creation of earth's species as outlined in Genesis…

Two cases illustrate that whenever the schools or courts abandon the Establishment Clause and embrace "child benefit theory," religious schoolchildren are the only winners. Application of "child benefit theory" has engendered religious strife, increased public funds for religious schools, increased sectarian control of public…

Does a "school choice" program, under which state funds are disbursed on a neutral basis to parents in the form of a voucher to defray the cost of sending their children to a school of their choice, run afoul of the Establishment Clause of the First Amendment to the United States Constitution, or of the New Hampshire Constitution? No. A…

Discussion of the Rosenberger vs. Rector case, involving the ability of public universities to decide whether or not to fund religious speech, evaluates contemporary jurisprudence concerning the establishment and free speech clauses and applies theories in these areas to funding of student religious speech on college campuses. It also outlines…

The definition of religious freedom from the Virginia Statute for Religious Freedom (1786) to the most recent U.S. Supreme Court decision is not clear and well-defined. The two religious clauses found in the First Amendment to the U.S. Constitution (those denying Congress the right either to establish religion or to prohibit its free exercise)…

Describes the facts and legal basis of federal court decisions in "Zelman v. Simmons-Harris," a case before the U.S. Supreme Court to determine if Cleveland's school voucher program violates the Establish Clause. Discusses the possible educational, legal, and political consequences of the Court's decision. (On June 27, 2002, the Supreme…

Contends that all of the U.S. Supreme Court Justices in 1947 agreed that the Establishment Clause of the First Amendment erected a wall of separation between church and state. Reviews Establishment Clause history, includes summaries of court opinions, and concludes that a more thorough curriculum about the wall of separation is needed. (CFR)

This teacher's guide is designed to accompany the two-part videotape "One Nation Under God? School Prayer and the First Amendment." The videotape and teacher's guide should help students to: (1) understand the history of freedom of religion and the First Amendment; (2) examine the controversy surrounding school prayer; (3) compare and…

Presents a secondary school lesson to study the Supreme Court's interpretations of the Establishment Clause, explore why some Justices want to reconsider the separation of church and state, and make decisions about the constitutionality of school prayer. Includes seven student handouts and step-by-step instructional procedures. (CFR)

Presents background information on Wisconsin v. Yoder (1972) in which the U.S. Supreme Court ruled that Wisconsin could not compel Amish students to attend high school. Outlines a lesson plan for simulating the court's decision. Includes discussion questions that distinguish between the First Amendment establishment and free exercise clauses and…