Background: Over the past decade, courts increasingly have considered cases that involve clashes between public, secular private, and religious institutions in education. Such clashes appear to have intensified as recently as the 2019-2020 Supreme Court term, and the confirmation of Associate Justice Amy Coney Barrett to the Court in 2020 suggests…

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,…

This policy memo examines some fundamental shifts, along with their real-world implications, within the past 60 years of Supreme Court jurisprudence, up to and including the current "Carson v. Makin" case. The Supreme Court is just a few small steps away from transforming every charter school law in the U.S. into a private-school voucher…

This case illustrates why future school leaders must be prepared to handle complex legal and political issues that commonly arise in school districts today. We discuss a long-standing and unresolved legal battle between a Hasidic Jewish community and the public school district in East Ramapo, New York. In particular, we examine the difficulties…

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…

The Ninth Circuit Court's decision upholding the Madison School District's policy allowing students to speak (and pray) at graduation ceremonies is correct. So long as students are selected by religiously neutral criteria (class rank) and can speak on any topic, the Free Speech Clause should protect that student's expression. (MLH)

This booklet was written to help school officials understand the law concerning public forums and voluntary religious activities in public schools. Compliance dilemmas arising from the First Amendment establishment of religion clause and the accompanying free speech and free expression clauses, along with 14th Amendment equal protection…

Religious activity in public schools has become a major issue, thanks to the Equal Access Act and "Lamb's Chapel," but neither has eliminated the Establishment Clause as a feasible concern for school officials. Protecting student religious expression to the same extent as other forms of free speech raises legitimate concerns regarding…