Courts have been reluctant to fully embrace free exercise or equal protection claims of school choice advocates, but recent rulings may have permanently reversed that trend, potentially compelling governments to provide substantially more resources to parochial schools than ever before. The first section of this article summarizes the origin of…

This article is a summary discussion of the main issues faced by faculty at private, often church-sponsored, universities who sought to be represented by a union in collective bargaining with their employers. The discussion begins by tracing the origins of the rule that faculty at private universities are managers and not employees under the aegis…

The public schooling system is supposed to be neutral regarding religion. Constitutional provisions prohibit government from interfering with, or establishing, religion, and ensure equality of all people under the law. This article examines whether public schooling meets these requirements. It first briefly reviews the history of American…

This study was designed to explore preservice elementary teacher understanding of The First Amendment and religious freedom in public schools in the Southeastern United States. Participants of the study were 160 preservice elementary teachers enrolled in the teacher preparation programs of 3 universities across 2 states located in a region…

This paper focuses on how undergraduate students on five public university campuses perceived and reacted to religious coercion. We identified three sources of coercion: (a) public proselytizers, (b) peers, and (c) academic faculty whose expression of beliefs was perceived as implicitly coercive by students who often connected religious beliefs to…

The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach,…

Many Americans are familiar with the First Amendment, but its application to prayer and religious activities in public schools is often misunderstood. Religious beliefs are increasingly diverse in the United States. Therefore, it seems imperative that school personnel are aware of the law and sensitive to an array of religious practices. We…

An analysis of the jurisprudence related to religious schools and public funding, grounded in the interpretation of the Establishment Clause and the Free Exercise Clause of the First Amendment, suggests that religious charter schools may be constitutionally permissible. Moreover, recent Supreme Court cases may provide a stronger argument for…

Restricting public employees' free exercise rights or the State to maintain neutrality toward religion has been longstanding precedent in the United States. It has certainly been the case in US public schools beginning in the 1940s and affirmed through the courts over and again through much of the 20th century. The aftermath of 2 recent Supreme…

Christianity is one of the cultural and ethical cornerstones of Europe. In the European Union (EU) there is no overarching policy on religious education (RE) in the school system. The authors use a comparative methodology to analyze the constitutions of Western European countries in relation to different aspects of RE. Specifically, it is focused…

The definition of public education is changing rapidly and radically in our current political landscape. Nowhere is this more apparent than in the debate over publicly funded school voucher systems, which direct taxpayer funds to parents to offset the cost of tuition at the private schools of their choice. Tina Cheuk and Rand Quinn address how…

This philosophical study addresses the implications of the legal case "Stratechuk v. Board of Education" ruling that a policy prohibiting the performance of religious-themed holiday music did not violate the United States Constitution. Two questions are investigated: the differences between the classroom study and public performance of…

Educational choice programs--defined broadly as programs that provide parents with financial aid to help their children opt out of the traditional public school system--are a hallmark of meaningful educational reform. Yet despite widespread news coverage of such programs, polls show most Americans are unfamiliar with how educational choice…

Religion in public schools has long been a controversial issue. The U.S. Supreme Court ruled in 1962 that teachers and administrators cannot lead prayers in public schools, and a decision in 2000 barred school districts from sponsoring student-led prayers at football games. At the same time, the court has held that students retain a First…

This article examines conflicts that have unfolded over the past 75 years regarding the separation of church and state in American public education. Through discussion of the Establishment and Free Exercise Clauses as articulated in the First Amendment to the "US Constitution," as well as influential court cases that have set legal…