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…

The American public landscape has shifted in concert with a newly emboldened political right, and the public school has again become an important battlefield in the latest culture wars. In addition to confrontations over educational policy issues is a largely untheorized area where the everyday classroom takes center stage: Teachers face a…

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…

The passage of the Equal Access Act (1984) brought to light the legal conflict that had been building over the previous four decades over who should or should not have access to public school facilities. Following the passage of the Act, many student and community groups began to request use of school facilities. School leaders were called on to…

In this essay Bryan Warnick explores how rights to religious expression should be understood for students in public schools. Warnick frames student religious rights as a debate between the conflicting values associated with the Free Exercise Clause and the values associated with the Establishment Clause of the United States Constitution. He then…

The Establishment Clause of the First Amendment to the U. S. Constitution sets forth the separation of church and state required in public schools. That clause has been interpreted in a lengthy history of U. S. Supreme Court decisions. Nevertheless, accommodating one person's right of religious expression while not infringing on another person's…

The Intelligent Design Movement has attempted to infuse Intelligent Design into the curriculum of public schools ever since the Edwards decision, which ruled that "creation science" was a violation of the the "Establishment Clause. Kitzmiller v. Dover" was the first legal case to challenge the teaching of Intelligent Design in…

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…

Summarizes a complex case involving a reopened Minnesota elementary school serving children of the Brethren, a religious group that had earlier bought the school. Although no religious instruction occurred there, two taxpayers successfully sued the district. The Eighth Circuit Court of Appeals reversed this decision, noting the secular nature of…

Reviews contemporary court cases to show that free exercise claims are religious and therefore unenforceable under the Establishment Clause's "Lemon" test prohibiting religious activities in public schools. Discuses inadequacies in judicial perception involving compelling interest, a pattern of anti-theistic decisions, and lesser…

In 1978, six federal taxpayers successfully sued the New York City Board of Education, claiming the board's Title I program (allowing public instruction of private-school students) violated the Establishment Clause. In 1995, the NYC Board of Education and parochial-school parents sued for relief from the permanent injunction (and adverse…

Traces the history of "The Pledge of Allegiance" litigation and discusses the probability the Supreme Court will agree to resolve the difference in judicial opinion over the constitutionality of including the words "under God" in the pledge. (Contains 32 references.) (MLF)

Explores the opinions of Justice Rehnquist in issues concerning religion and public education; observes that the Supreme Court appears just one vote away from shifting church/state issues to the local level; and urges those concerned with constitutional values and public education to reexamine the Bill of Rights. (MLF)

The Supreme Court in "Lamb's Chapel" unanimously reversed federal district and court of appeals decisions that had upheld school district rules prohibiting use of school district property "by any group for religious purposes." Discusses three issues within the context of religious speech: establishment of religion, free speech,…

Examines recent court holdings concerning the schools and the celebration of religious holidays, the establishment of religious clubs and organizations, and the distribution of Bibles. (IRT)