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Frick, William C. – Journal of Beliefs & Values, 2006
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…
Descriptors: Religion, Philosophy, Public Education, State Church Separation
Marshall, Joanne M. – School Administrator, 2008
Public schools, since their founding in America in 1647, have reflected the demographic characteristics of the communities in which they are located. Because the United States has, until recently, been mostly Protestant Christian, many schooling practices have built upon the values of this faith. Pupils have sung Christmas songs at Christmas…
Descriptors: Ceremonies, Federal Courts, Constitutional Law, State Church Separation
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Alexander, Kern – Forum on Public Policy Online, 2007
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…
Descriptors: Public Support, Financial Support, Parochial Schools, Educational Finance
Greenawalt, Kent – Princeton University Press, 2007
Controversial Supreme Court decisions have barred organized school prayer, but neither the Court nor public policy exclude religion from schools altogether. In this book, one of America's leading constitutional scholars asks what role religion ought to play in public schools. Kent Greenawalt explores many of the most divisive issues in educational…
Descriptors: Educational Policy, Sex Education, School Activities, Public Schools
Trotter, Andrew – Education Week, 2007
This article reports on two Mideast-themed schools which have attracted fierce controversy amplified in the news media and the blogosphere. A new public school with a focus on Arabic language and culture is set to open in New York City this week, after being assailed for months by opponents who claim it will be a taxpayer-funded Islamic school…
Descriptors: Constitutional Law, News Media, Charter Schools, Semitic Languages
Richard, Alan – Education Week, 2006
Florida's voucher program for students in the lowest-rated public schools is unconstitutional, the state supreme court ruled early January 2006 in a 5-2 decision that friends and foes of private school choice are scrutinizing for its potential impact on voucher debates nationwide. Chief Justice Barbara J. Pariente of the Florida Supreme Court…
Descriptors: Educational Vouchers, Scholarships, Private Schools, School Choice
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Mawdsley, Ralph D.; Cumming, Jacqueline Joy; de Waal, Elda – Education and the Law, 2008
Although the systems of public schools differ among Australia, South Africa and the USA, all three countries recognize that religion plays a significant role in determining values. All three countries have written constitutions but only South Africa and the USA have a Bill of Rights that protects persons' exercise of religious beliefs. In…
Descriptors: Foreign Countries, Role of Religion, Private Education, Public Schools
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Epley, B. Glen – NASSP Bulletin, 2007
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…
Descriptors: Court Litigation, Constitutional Law, Public Schools, State Church Separation
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Essex, Nathan L. – ERS Spectrum, 2006
Public school leaders must be certain that students' freedom of expression rights are not suppressed based on a conflict with their own personal views. School leaders must also refrain from regulating student expression based solely on content, unless there is evidence that speech content creates material and substantial disruption to school…
Descriptors: Public Schools, Freedom of Speech, Student Rights, Censorship
McCarthy, Martha – 1987
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…
Descriptors: Constitutional Law, Educational Policy, Higher Education, Religion
Lilly, Edward R. – 1982
The problems of formulating a legal definition of religion as used in the U.S. Constitution may be traced through the Supreme Court's interpretation of the word. According to the U.S. Constitution, religious tests cannot be required for any office or public trust under the central government. The Bill of Rights states that the national government…
Descriptors: Constitutional History, Constitutional Law, Court Litigation, Government Role
Flygare, Thomas J. – Phi Delta Kappan, 1976
A federal court held that a state law requiring one minute of meditation or prayer in the public schools is legal. (IRT)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Nolte, M. Chester – American School Board Journal, 1979
Outlines the case in which a judge held that Sioux Falls, South Dakota, Christmas assemblies were constitutional. Presents part of the school district policy on the observance of religious holidays. (IRT)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Public Schools
Cammarata, Jerry – American School Board Journal, 1998
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…
Descriptors: Constitutional Law, Elementary Secondary Education, School Prayer, State Church Separation
Dowling-Sendor, Benjamin – American School Board Journal, 1998
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.…
Descriptors: Constitutional Law, Elementary Secondary Education, School Prayer, State Church Separation
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