Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

Problem Statement: The Constitutions are the main sources of legality for democratic societies. The 1961 and 1982 Constitutions have dominated the last fifty years of Turkey. In this regard, it is essential to examine and comment academically on the way these Constitutions and their amendments address the rights of education, freedom of thought…

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…

By considering the historical background, relevant court decisions, constitutional alternatives, and practical and political implications, this paper examines the legal issues surrounding proposals calling for prayer, Bible reading, or posting of the Ten Commandments in public schools. Historically, the secularization of public schools occurred…

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'…

Three major Supreme Court cases concerning Bible reading and prayer in the public schools are discussed. The constitutional bases for the court cases are the First and Fourteenth Amendments. The former expresses that Congress may make no laws to establish or to prohibit the free exercise of religion and the latter provides that no state shall…

Most school districts have cautiously avoided situations in which they may violate the legal principle of church-state separation. This paper describes a few cases in which public schools found ways to legally include Christian activities for Christian students. The passage of the United States Equal Access Act in 1984 allowed religious clubs…

Argues that Native American tribes encounter major legal problems in the practice of traditional religions due to differences between Native and Anglo American worldviews. Examines the ideology of civilization underlying values in American jurisprudence, foundations of American Indian law, and relevant constitutional law. Contains over 200…

This anthology is one of four collections of background readings on church-state issues that comprise "Church, State and the First Amendment: A North Carolina Dialogue." These anthologies are designed to provide primary materials through which North Carolinians can better understand the religion clause of the First Amendment. Volume 4 of…

A constitutional analysis is presented of the Establishment Clause of the First Amendment of Senate Bill 550, the Packwood-Moynihan proposal for federal tuition tax credits for parents who pay tuition in order to send their children to a nonpublic school. The Supreme Court has developed a three-part standard under the Establishment Clause: the…

Implications and ramifications of the religion clauses of the First Amendment are examined. Supreme Court rulings of the last six years concerning many issues, including government and privately sponsored nativity scenes in public places, public aid to parochial schools, and equal access of religious groups to public school facilities, are…

Reviews current Supreme Court doctrine as tested in lower federal and state courts in three areas in which public schools are involved. Examines Court decisions on silent meditation, equal access, and baccalaureate and commencement services. Finds the issues have not been fully resolved. (DB)

The First Amendment to the U.S. Constitution prohibits government (which includes public schools) from imposing religious beliefs and practices in schools. Examines court decisions interpreting the First Amendment, distinguishes state action from private action, and explains the notion of "limited open forum" with regard to…

This booklet offers school administrators guidance on the constitutional foundation of religious freedom and the relationship between church and state in the United States. Most of the recent Supreme Court cases dealing with religion in the schools and many current issues in the field are discussed. Questions that administrators may wish to…