The First Amendment to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first.
Abington School District v. Schempp, 374 U.S. 203 (1963), was a United States Supreme Court case in which the Court decided 8–1 in favor of the respondent, Edward Schempp, on behalf of his son Ellery Schempp, and declared that school-sponsored Bible reading and the recitation of the Lord's Prayer in public schools in the United States was unconstitutional.
School prayer, in the context of religious liberty, is state-sanctioned or mandatory prayer by students in public schools. Depending on the country and the type of school, state-sponsored prayer may be required, permitted, or prohibited. The United Kingdom requires daily worship by law, but does not enforce it. Countries which prohibit or limit school prayer often differ in their reasons for doing so. In the United States, school prayer cannot be required of students in accordance with the Establishment Clause of the First Amendment to the United States Constitution. This is generally rigorously applied in public schools; the Establishment Clause does not prevent prayer in private schools that have no public funding. In Canada, school-sponsored prayer is disallowed under the concept of freedom of conscience as outlined in the Canadian Charter on Rights & Fundamental Freedoms. School-sponsored prayer is disallowed in France as a byproduct of its status as a secular nation.
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court that applied the Establishment Clause of the First Amendment to state law. Before this decision, the clause, which states, "Congress shall make no law respecting an establishment of religion", restricted only the federal government, while many states continued to grant certain religious denominations legislative or effective privileges.
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law.
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The Equal Access Act is a United States federal law passed as Title VIII of the Education for Economic Security Act in 1984 to compel federally funded public secondary schools to provide equal access to extracurricular student clubs. Lobbied for by Christian groups who wanted to ensure students the right to conduct Bible study programs during lunch and after school, it is also essential in litigation regarding the right of students to form gay–straight alliances; and to form groups focused on any religion or on secularism. The Equal Access Act mandates public schools provide equal access to extracurricular school clubs.
Zelman v. Simmons-Harris, 536 U.S. 639 (2002), was a 5–4 decision of the United States Supreme Court that upheld an Ohio program that used school vouchers. The Court decided that the program did not violate the Establishment Clause of the First Amendment, as long as parents using the program were allowed to choose among a range of secular and religious schools.
Westside High School is the only high school of the Westside Community Schools district of Omaha, Nebraska, United States.
C. H. v. Oliva, 226 F.3d 198, was a religious freedom case in which mother Carol Hood sued Grace Oliva, her son Zachary's first grade teacher, and related administrators in the Medford Township Public Schools for not allowing the child to read a section of the Bible in class. His kindergarten class had made Thanksgiving paintings the year prior, and his was taken down and subsequently reposted in a less noticeable place for its religious content. The poster was called "I'm Thankful for Jesus." Carol Hood met with Principal Gail Pratt, who defended the school's decisions. She said that reading the story "was the equivalent of 'praying'." Noting that she had received complaints in the past, Ms. Pratt stated that the story "might upset Muslim, Hindu or Jewish students." She added that there was "no place in the public school for the reading of the Bible" and advised: " '[M]aybe you should consider taking your child out of public school, since you don't appear to be public school material.' " Ms. Pratt noted that "her position was fully supported by various legal authorities."
McCollum v. Board of Education, 333 U.S. 203 (1948), was a landmark United States Supreme Court case related to the power of a state to use its tax-supported public school system to aid religious instruction. The case was a test of the separation of church and state with respect to education.
Zorach v. Clauson, 343 U.S. 306 (1952), was a release time case in which the Supreme Court of the United States held that a school district allowing students to leave a public school for part of the day to receive off-site religious instruction did not violate the Establishment Clause of the First Amendment.
Good News Club v. Milford Central School, 533 U.S. 98 (2001), was a decision of the U.S. Supreme Court written by Clarence Thomas holding that a public school's exclusion of a club from its limited public forum based solely on the club's religious nature was impermissible viewpoint discrimination.
Agostini v. Felton, 521 U.S. 203 (1997), is a landmark decision of the Supreme Court of the United States. In this case, the Court overruled its decision in Aguilar v. Felton (1985), now finding that it was not a violation of the Establishment Clause of the First Amendment for a state-sponsored education initiative to allow public school teachers to instruct at religious schools, so long as the material was secular and neutral in nature and no "excessive entanglement" between government and religion was apparent. This case is noteworthy in a broader sense as a sign of evolving judicial standards surrounding the First Amendment, and the changes that have occurred in modern Establishment Clause jurisprudence.
Mueller v. Allen, 463 U.S. 388 (1983), was a United States Supreme Court case examining the constitutionality of a state tax deduction granted to taxpaying parents for school-related expenses, including expenses incurred from private secular and religious schools. The plaintiffs claimed that a Minnesota statute, allowing tax deductions for both public and private school expenses, had the effect of subsidizing religious instruction since parents who paid tuition to religious schools received a larger deduction than parents of public school students, who incurred no tuition expenses.
School prayer in the United States if organized by the school is largely banned from public elementary, middle, and high schools by a series of Supreme Court decisions since 1962. Students may pray privately, and join religious clubs in after-school hours. Public schools, such as local school districts, are banned from conducting religious observances such as prayer. Private and parochial schools are not covered by these rulings, nor are colleges and universities. Elementary and secondary schools are covered because students are required to attend, and are considered more at risk from official pressure than are older students and adults. The Constitutional basis for this prohibition is the First Amendment to the United States Constitution, which requires that:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...
Henderson High School is a former high school in DeKalb County, Georgia, now the site of Henderson Middle School.
The federal government of the United States has limited authority to act on education, and education policy serves to support the education systems of state and local governments through funding and regulation of elementary, secondary, and post-secondary education. The Department of Education serves as the primary government organization responsible for enacting federal education policy in the United States.
