On June 30, 2020, the U.S. Supreme Court held, in "Espinoza v. Montana," that the First Amendment's Free Exercise Clause precludes states from excluding religious schools from private school choice programs. Writing for the majority, Chief Justice John Roberts concluded: "A State need not subsidize private education. But once a…

The past few years have seen an increase in partisan political attempts to restrict the public education curriculum and to portray some forms of public education as a social harm. Two targets are particularly evident: teaching about the history, policies, and actions of the state of Israel and teaching about the history and perpetuation of racism…

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…

On September 9, 2009, the Ninth Circuit U.S. Court of Appeals ruled that officials from Everett School District #2 in Mill Creek, Washington did not violate student Kathryn Nurre's constitutional rights to free speech by denying the Jackson High School Wind Ensemble the opportunity to perform an instrumental version of Franz Biebl's "Ave…

In the five hundred years of European and American globalization of the world, seldom have Indigenous peoples been invited to a constitutional convention and first legislature to express their perspectives and concerns. Rarely in the five-hundred-year history of the European and American colonization of the world were the rights of the Indigenous…

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…

Examines state laws requiring the vaccination and immunization of school children and the effect on fundamental religious rights and right of personal privacy. Journal availability: see EA 512 079. (Author/IRT)

The material presented in this bulletin has been brought together for publication in response to a very considerable demand for information relative to the use of the Bible in public schools. This demand has been evidenced in recent years by many letters addressed to the Bureau of Education and designed to ascertain what laws the several States…

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…

This chapter reports on legislative activity and court litigation during 1983 on issues relating to school prayer. Eighteen bills and resolutions have been introduced in the 98th Congress on this issue; 7 relate to voluntary prayer, 4 to equal access, and 3 are concurrent resolutions, not legislative in nature, expressing the belief that periods…

Focusing on the protection of Native American places of worship and religious property, this monograph cites several pertinent guarantees of religious freedom found in constitutional or treaty laws, and in court decisions; and gives samples of their abuse throughout history. These guarantees of Native rights are found in the First and Fifth…