THE SEPARATION OF CHURCH AND STATE

Debating Jefferson’s famous phrase and its

effect in the educational realm.

DEBATE LAYOUT

•Free-flowing

•Pro and Con speeches for each topic

•Three main topics

•No moderator

TOPICS

1.Constitutional Aspects of the phrase

2.Public Schools vs. Private Schools (prime example)

3.Instances of the phrase used in public schools and their effect

CONSTITUTIONAL ASPECTS-PRO SEPARATION

• Establishment Clause of the First AmendmentStates that “Congress shall make no law respecting an establishment of religion”

• Would need to account for all religions• Allowing religion in schools gives power to the majority

Constitution is meant to protect the rights of all

• Supreme Court strikes down laws proposing required religious practices in schools

Voluntary individual religious practices are still allowed in schoolsEngel vs. Vitale case

CONSTITUTIONALITY OF “SEPARATION OF CHURCH AND

STATE”• The phrase itself is not in the constitution

• Used by Thomas Jefferson

• The phrase has, however, been cited by the U.S. Supreme Court

• First amendment also guarantees freedom of expression

• Government establishment of religion different from total lack of any religious influence in public

PUBLIC EDUCATION:“Is religion a necessary piece to curriculum?”• Public schools provide more electives, are more

diverse, and allow the student to choose way of thinking.

• Does a mainly religious curriculum promote one- dimensionality?

• Lopsided statistics: Over 80% of private institutions are Christian schools…what about the other religions?

• MAIN POINT: The founding fathers did not want the U.S. based off of religious ground, why should

we base our schools?

PRIVATE SCHOOLS

• Small class size

• Students have more drive to learn

• Drive from teachers to teach effectively

• No unions so changes can be made faster

INSIDE PUBLIC SCHOOLS

1.Main areas that conflict arises

2.Examples of what you can and can’t do

AREAS OF CONFLICT

• “Inside Acts—Arise within school buildings and are based on actions of students or staff (e.g., student religious clubs, clothing and symbols, passing out faith-based literature).”

• “Outsider Access—Includes efforts by external organizations that wish to spread religious messages or use the facility for worship.”

• “Curriculum Concerns”

EXAMPLES

ALLOWED

• Teaching sacred texts and their influence on human behavior.

• Students can wear jewelry or clothing related to their religion.

• “Allowing a school-sponsored Gospel Choir that performs praise songs.”

NOT ALLOWED

• “Teaching sacred documents with devotion or as singular truth.”

• Prohibiting students from wearing these things or showing favoritism based on belief.

• “Forbidding students or staff to pray between classes or penalizing them for being absent for religious holidays.”

HIGH COURT EXAMPLES

ALLOWED

• Religious clubs receive the same equal access and privileges of other student clubs

NOT ALLOWED

• Prayers over the loud speaker and before athletic events

GRAY AREAS...

Moment of silence and Pledge of Allegiance

SOURCES

• http://www.publicdiscourse.com

• http://www.foxnews.com/us/2011/02/08/educating-children-catholic-schools-doing/

• http://www.law.cornell.edu/wex/establishment_clause

• http://www.nytimes.com/1995/06/09/us/school-prayer-debate-opens-with-everything-but-silence.html

• http://www.usconstitution.net/xconst_Am1.html

• http://www.allabouthistory.org/pros-and-cons-of-prayer-in-school-faq.htm

• http://www.wikipedia.org

• http://www.centerforpubliceducation.org/Main-Menu/Public-education/The-law-and-its-influence-on-public-school-districts-An-overview/Religion-and-Public-Schools.html

• http://www.capenet.org/facts.html

• http://www.news-medical.net/news/20110923/Human-brain-development-does-not-stop-at-adolescence-Research.aspx