RELIGION IN THE
U.S. PUBLIC SCHOOLS:
DEVELOPMENTS: Year 2000 to 2002

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Recent court cases, negotiations, and state laws affecting prayer activities inside public school
buildings are listed below. Other court rulings on separation of church and state
issues outside the school building are listed elsewhere. These include prayer at public school sports
events, graduation ceremonies etc. Some of these laws are clearly
unconstitutional. They place local school boards in a difficult position. If
they refuse to implement these laws, their funding may be cut. If they follow
the laws, they become vulnerable to lawsuits that they will undoubtedly lose.
The cost of these court actions could impoverish small school districts.
 | 2000-FEB-1: Virginia: Moment of silence: According to ReligionToday for FEB-2, the
Virginia Senate voted 28 to 11 to approve a bill that requires
teachers to hold up to a minute of silence. Part of the bill reads:
"At the commencement of the first class of each day in all grades
in all public schools, the teacher in charge of the room in which such
class is held shall announce that a period of silence, not to exceed
one minute in duration, shall be observed for meditation, prayer or
reflection; during any such period of meditation, prayer or
reflection, silence shall be maintained, and no other activities shall
be performed."
The bill has been passed and takes effect on JUL-1. The bill's
sponsor, Sen. Warren Barry (R) said that it is an effort to reduce
violence in schools. The governor, James Gilmore (R) said that the
moment of silence would not infringe on students' rights. He called it
"a good way to help instill character." Critics say
it is an unconstitutional method of bringing prayer into the
schools. Meanwhile, FBI and U.S. Department of Justice
statistics indicate that violent incidents in public high schools are
declining. |
 | 2000-FEB-7: Georgia: Prayer: AAANEWS reported that Judy Poag (D) has
proposed bill in the legislature would require public school districts to
display the Ten Commandments. Those who refuse to do so would be penalized
financially and perhaps even have their state funding cut off. Another bill
would permit "student-initiated spoken prayer during the school day."
Teachers would be prohibited from "participating in or actively
supervising such prayer." Under this bill, a student could presumably
interrupt class with a prayer and continue the disruption for hours while the
teacher would be powerless to interrupt. Both bills are clearly
unconstitutional. |
 | 2000-FEB-11: Wisconsin school Bible club: On 2000-FEB-10, two
high school students and a parent initiated a lawsuit in federal court
against the Kenosha School District. Principal Chester Pulaski
had refused to allow members of the school's Bible club to include a
cross on their mural. The suit alleges that the defendants allowed
other school clubs to paint murals without school censorship. The
German club's mural contains a flag; the Students Against Driving
Drunk painting has a beer can, a hand and keys; the International
Club's mural contains a globe. Even the Bible club was allowed
to include a heart, doves, praying hands and an open Bible on their
mural. But allegedly, the principal would not allow a cross.
The suit says that "Principal Pulaski told Bible Club members
that he was concerned for the safety of the school and he did not want
a satanist club to form and put their symbol on the wall." [Author's
note: The Equal Access Act appears to apply
in this case. It guarantees that a Christian Bible club (or a
student-led club of any other religion) has the right to exist at
school and have equal access to meeting space, bulletin boards and
other advertising space. Since the school already allows other clubs
to mount murals containing symbols, it would seem that the Act
requires the school district to permit a Christian cross symbol. ] |
 | 2000-FEB-14: Texas:
University Pagan group: According to the
Houston Chronicle in Houston TX, there is a confrontation involving
religious speech at a state sponsored school -- Stephen F. Austin
State University. There are about 180 student groups at the
university. A new group, made up of Wiccan
students applied for recognition in 1999-FALL. Their certification was
opposed by some Christians on campus. Sean Bradly, President of the
Student Government Association called this the most heated issue of
his 18 months in office. The final vote was 16 to 15 in favor of
recognition. "...on Jan. 18, chalk drawings were placed around
the University Center inviting students to Pagan meetings. A week and
a half later, after the drawings had been scrubbed from the sidewalks,
Chi Alpha Christian Fellowship hung its banner over the school
entrance off North Street." It said: "This campus
belongs to God...The Earth is the Lord's and everything in it, the
world
and all who live in it." (Psalms 24:1) The same message
appeared in two full-page ads in the campus newspaper. Some students
criticized the Christian banner because of church-state infringement.
But University spokesman, James Hoard, stressed that the school allows
student relatively complete freedom of speech. It treats all campus
organizations equally. He said: "We
want free speech to be exercised. If the Pagan group wants to put up a
sign, and the location is available, then it can." |
 |
2000-FEB-29: Michigan: Teacher suspended: Ring Lardner
Middle school science teacher Cheril Malinowski was
suspended for three days after loaning a Wiccan
book to one of her students. The student was doing a report on
herbal healing. The book in question is Scott Cunningham's "Wicca:
A guide for the solitary practitioner" -- a very popular
Wiccan book. Loaning any religious
book to a student is a violation of the principle of separation of
church and state, because the loan implies school support for a
specific religion. Loaning of a Bible, Wiccan book or Qur'an are
equally unconstitutional, unless the books are part of a
comparative religion course. The school board suspended the
teacher for three days. The student involved loaned the book to
second student. The parents of the latter student, the Wozniaks,
have stolen the book and have refused to return it. There are
allegations that supporters of the teacher have issued threats
against the Wozniak daughter and others. The Wozniaks claim that
the book contains information on "Satanic rituals,
pentagrams, daggers for sacrifice and how to build an altar."
1 [Author's note: The book does contain
information on herbs. But it also has a great deal of information
about Wicca, a Celtic-based Neopagan
religion. It is the latter content is what got the teacher into
trouble. The book, in reality, contains Wiccan religious
information, no Satanic information, information on pentagrams and
on the construction of a Wiccan sacred altar. It describes an
athame which is a double-sided knife used in rituals and never
used to cut anything other than air. Wiccans have been known to
sacrifice a peach or an apple, but never animals or humans.] |
 | 2000-MAR-3: California: Unconstitutional prayer:
According to the CNV News Service, a Kindergarten class in the
Pajaro Valley School District was led by a teacher to sing a song
during a forestry field trip. Students sat on the ground and sang,
"Where I sit is holy. Holy is the ground. Forest, mountain,
river--listen to the sound. Great spirits circle all around
me...Ancient mother, I hear you calling...Ancient mother, I hear
your laughter. Ancient mother, I taste your tears." One
child's parents have filed suit against the school district after
they were denied a public hearing on the prayer. [Author's note:
The CNV News Service identified the prayer as
New-Age. It seems more like a Neopagan or Aboriginal prayer.] |
 | 2000-MAR-29: Texas: Demonstration: A "Respect our Constitution"
rally was held in Austin TX from 3 to 5 PM, starting at the Texas
State Capitol, and marching to the Governor's Mansion. The rally
will be in support of separation of church and state, and in
opposition to compulsory public school prayer. |
 | 2000-MAR-31: Kentucky: Religion
course in schools: A Joint Resolution of the Kentucky
General Assembly was passed. It would require public schools in
the state to include lessons on Christian influences on America, and
that calls for the display of the Ten Commandments in schools and on
State Capitol grounds. The American Jewish Congress urged Governor
Paul Patton to veto the resolution. Their statement said, in part
that the resolution: "clearly requires Kentucky to violate
the First Amendment separation of church and state. Moreover,
it creates an exclusionary state in which Kentuckians who do not
share the values specified by the General Assembly will be made to
feel like outsiders in the society around them....Kentucky citizens
of good will must act now to ensure that the dangerous trends
reflected in the resolution do not fester and gain potency; that the
objective of restoring a 'Christian America' is recognized as
incompatible with American democratic practice; and that Kentucky
recognizes its duty to treat citizens of all faiths equally.
By vetoing this legislation, you can lead the way in making it clear
to Kentuckians that pride in one's religion, if mishandled, can
easily become intolerance for the beliefs of others." |
 | 2000-MAY-14: Washington DC demonstration: Truth
Broadcasting of South Carolina sponsored a "Take a Stand"
rally on the mall in Washington DC to call for prayer in public
schools. Darrell Scott, father of Rachael Scott, one of 13 students
killed at Columbine High School in Littleton, CO, stated:
"Legislation and politicians are not where the answers lie
-- the answer lies in prayer and our youth." Organizers
said that they received fewer participants than they had hoped for.
2
Truth Broadcasting circulates a petition from their web
site. |
 | 2000-MAY-19: Texas: Students' speech restricted: A
lawsuit was filed on behalf of two middle school students, Angela
and Amber Harbison, against the Lynn Lucas Middle School in
the Willis Independent School District, about 50 miles north
of Houston TX.
Teacher Sara Flottman allegedly took the girls' Bibles, shouted
"This is garbage," and tossed them into a
wastebasket. In three unrelated incidences, teachers at the school
had students remove book covers with the Ten
Commandments printed on them. The school district allegedly
justified its action by saying the book covers constituted hate
speech, and that the school had a policy against students
distributing literature without permission. In early June, Judy Thornton, spokesperson for the Willis
Independent School District, released a statement saying that
"The district has investigated the allegations and
determined that they are untrue." |
 | 2000-JUN-13: Virginia: Moment of silence: The Virginia
legislature passed a bill that affirms students' rights to silently
pray, meditate or reflect at the start of each school day. The law
reads: "Each pupil may, in the exercise of his or her
individual choice, meditate, pray or engage in any other silent
activity which does not interfere with, distract, or impede other
pupils in the like exercise of individual choice." On
JUN-13, the Virginia Education Department recommended that teachers
announce: "As we begin another day, let us pause for a
moment of silence." The guidelines also said that if a
student asks whether they can pray, the teacher should say "yes."
Some lawmakers are furious that the guidelines do not require
teachers to specify prayer
as an option. Del. Robert Marshall was quoted as saying "This
is a very tepid response to a moral crisis in this country. If
they're so timid about mentioning the word "prayer," I'm
doubtful about what it [the moment of silence] will do."
Del. Lionell Spruill said: "I'm definitely going to bring it
back to put some teeth into it. We have a mandate from both sides of
the aisle to use the word 'prayer.' "
According to CNS News, "Virginia's Deputy Attorney
General warned against crossing a 'constitutional barrier' by
[having teachers mention]...prayer in school. State legal experts believe that any
suggestion to pray - or not to pray - would lead to a successful
legal challenge. Instead, the school superintendents are being
instructed to send a copy of the law to each student's home. The law
clearly states that the silent time is for reflection, prayer,
meditation and any other silent activity. The Attorney General has
promised to come to the assistance of any school that is sued in
court over this law. |
 | 2000-JUN-19: Tennessee: Freedom of speech: The
Chattanooga school district sold 300 bricks for $50 each as a
fund-raising event. They have been placed in a walkway at the
entrance to the school. Thomas Home and family bought one and asked
that it be inscribed with the name of their daughter, Hope, and
"To the Glory of God." The school refused; the Homes sued.
Stuart Roth, spokesperson for the American Center for Law and
Justice, commented that the school has "clearly run
afoul of the free-speech clause of the Constitution here...Once a
governmental subdivision opens up its facilities or its property for
a broad range of community uses and expressive activities, it cannot
censor a religious message." [Author's note: The
message is clearly sponsored by the Home family, and is not a
religious statement imposed by the school. The school has probably already
allowed many secular inscriptions on other bricks. The message on
the brick at the entrance to the school, paid for by a family in the
community is analogous to a prayer spoken by a student at the
flagpole. Christian, non-Christian and secular statements
should be allowed if any inscriptions at all are permitted. The case appears to be a simple
freedom of speech issue.] |
 | 2000-AUG-7: New York: Freedom of speech: According to
ReligionToday news summary, a case similar to the Chattanooga
incident (described above) has occurred at Mexico High School, in
Oswego County, northern New York state. Parents bought bricks for
installation at the entrance to the high school. One person arranged
for a brick to read "Jesus Saves." After some local
residence complained, the school board decided that bricks
containing political, religious or profane expressions would be
prohibited. This appears to be a clear violation of the First
Amendment's protection of freedom of speech. The Rutherford
Institute, a Fundamentalist Christian legal defense
organization, is expected to file a lawsuit. |
 | 2000-AUG-8: California: Equal access: According to
Focus on
the Family:
Members of the Alive Club, a Bible study student club at San
Gorgonio High School in San Bernardino, supplied entertainment to
students at their quad area at lunch time. It consisted of religious
testimonies and singing. Hearing the words "God"
and "Jesus," the principal literally pulled the
plug of their PA system. He said that they could not entertain in
this way because some students might be offended. However, other,
secular, student clubs had been allowed to entertain at the quad in
the past. Pacific Justice Attorney, Brad Dacus, complained on behalf
of the students. School superintendent Art Delgado apologized,
saying: "What is good for one is good for all, and so if we
are going to allow any groups to be a part of what goes on during
those lunch periods, similarly, we must allow the Alive Club."
[Author's note: Art Delgado's comment is an
excellent summary of the federal Equal Access law.] 3 |
 | 2000-OCT-10: New York: Rental of school facilities:
According to ReligionToday: The U.S. Supreme Court has agreed
to hear a case this winter in a curious case involving the
after-hour rental of public school facilities to community groups.
The Milford NY local school board refused to rent facilities to a
Fundamentalist Christian group, the Good News Club. The club
uses readings from the Bible, music, prayer, etc. It is one of a
chain of such clubs across the U.S. affiliated with Child Evangelism
Fellowship. The school's policy is to rent rooms "social,
civic, and recreational meetings and entertainment events and other
uses," but not to religious groups. The federal trial
judge and the 2nd Circuit Court of Appeals both
ruled against the club, apparently because of two factors:
 | The children involved are quite young, and might not
understand that the religious instruction was not part of the
regular school day.. |
 | The Club meets right after school classes. That is, the
children leave their school room, and go immediately to another
room for religious classes. The concern here is that some children
might think that religious instruction was part of the public
school system. |
|
 | 2001-JUN-11 (approx): New York: Rental of school facilities:
The Supreme Court ruled in favor of the Good News Club, thus
overruling the decisions of the lower courts. The school board is now
considering placing limits on the times that its facilities are
available for use by outside groups. If, for example, it only allows
groups to rent its rooms after 5 PM, then the students would not be
able to walk directly from their regular classes to the location of
the outside religious instruction. This would have the effect of
isolating religious instruction from school instruction in the minds
of the children. |
 | 2001-JUN-11 (approx): Louisiana: Rental of school facilities:
A Federal Court ruled that the school district of St. Tammany Parish,
LA, could ban the Christian Coalition from using its facilities
after school hours. The school district has allowed the use of its
facilities by homeowners associations, the Folsom Native Plant Society,
dog obedience training classes, and thousands of other groups. But it
rejected the application of the Christian Coalition. The Supreme
Court took up the case and instructed the lower court to reconsider the
case. |
 | 2001-OCT-5: CA: The American Civil Liberties Union ask for sign
removal: The ACLU asked that a "God Bless America" sign be
removed from a marquee in front of the Breen Elementary School in
Rocklin, CA. They feel that it is "a hurtful, divisive message ...
that is a clear violation of the California and U.S. constitutions,
as well as the California Education Code." 250 people, parents,
students and administrators, held a rally at the school. Attorney
Phillip Trujillo, said the words don't violate laws on the separation
of church and state. "It's simply not a religious expression...It
is, instead, a patriotic expression." |
 | 2002-JAN-27: VA: Grace prohibited at military institute:
Two students of the Virginia Military Institute (VMI) objected
to the student-led, non-denominational Christian prayer given before
meals. This had been a 50 year tradition at the Institute, which is
run by the state. With the help of the ACLU, they sued the VMI in
2001-MAY. A U.S. district judge ruled for the plaintiffs, because the
"grace" violated the principle of separation of church and state. The
decision will be appealed. 4 |
 | 2002-APR-1: CA: Students freedom of speech violated by
principal: A male student in second grade at a Palm Desert, CA
public school participated in a school-organized exchange of gifts. He
gave presents of conservative Christian videos which promote
creation science. The principal allegedly
prohibited the student from distributing the religiously-based videos,
because they could
disrupt classroom operations, invade others' rights and be potentially
coercive. Later, the principal permitted the
student to distribute other, non-religious, tapes. Stuart Roth,
of the American Center for Law and Justice, said that the
student's free speech rights had been violated. He said: "What
distinguishes America from nations that....we're at war (with) is our
ability to follow a Constitution which allows us the right to free
speech. He has appealed the case to the school board. Roth said: "Many
people may look at this and say it's just about one second-grader,
just about passing out videos. But what it's really about is the
ability of our children in public schools to not be silenced and
squelched and intimidated because they're Christians and because they
have a religious perspective." 5 |


Sponsored link:

- Debra Haight, "Book on Witchcraft leads to suspension of Niles
teacher," Herald Palladium, St Joseph-Benton MI, 2000-MAR-1. Online
at: http://www.heraldpalladium.com/display/inn_news/news2
- Truth Broadcasting Company has a web site at: http://www.truthbroadcasting.org/
- Karen Johnson, "Bible club vindicated," Focus on the
Family, at: http://www.family.org/cforum/fnif/news/A0012502.html
- Charles MiVille, "Federal Judge: No More Prayer at VMI," Focus on the
Family, at:
http://www.family.org/cforum/fnif/news/A0019416.html
- Bob Kellogg, "Boy Stopped from Distributing Creation Video," Family News in Focus, at:
http://www.family.org/cforum/fnif/news/a0020169.html
- Allie Martin, "Case of Christian 'Candy Cane' Kid Comes Up in Court,"
Agape Press, 2003-JAN-10, at:
http://headlines.agapepress.org/
- Jim Brown, "School Sweets Lead to Suspensions; Bible Club Members
File Lawsuit," Agape Press, 2003-JAN-10, at:
http://headlines.agapepress.org

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Copyright 1995 to 2003 incl. by the Ontario Consultants on Religious Tolerance
Created: 1995-APR-27
Latest update 2003-JAN-22
Author: B.A. Robinson


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