A state of tension exists between these two clauses within the public schools. Fortunately, the courts have provided rulings on many situations: enforced prayer in classrooms, freedom to organize Bible clubs, posting the 10 commandments in school, etc. The matter of religious jewelry and clothing is much less ambiguous. Courts have decided that schools do not have the right to limit valid self-expression, unless it is inflammatory and causes disruption in the classroom. However, some schools try to ban some forms of religious expression because they fear that youth gangs may adopt the same jewelry and clothing in order to identify their members.
An example of restrictions on teachers' religious expression:As noted above, teachers in public schools:
In most school districts, regulations prevent teachers from displaying elements of their personal faith, such as a placing a Bible, Torah, or Qur'an on their desk top. The Pennsylvania Public School code, and similar regulations in other states, prohibits teachers from wearing religious garb. This includes the wearing of a necklace containing a cross, crucifix, Star of David, Wiccan Pentacle, etc, if the symbol is visible to students. They can wear a religious necklace if they wish, but the symbol has to be tucked behind clothing out of sight. Brenda Nichol, 43, has been aware of the regulation since 1997, and has been threatened with suspension twice for violating the code. On 2003-APR-8, she again refused to either remove the necklace or tuck in the cross. She was suspended for a year from her post as a public-school teacher's aide. She said: "I could not follow that code in my heart. I could not deny Christ." She is being defended by the Fundamentalist Christian American Center for Law and Justice. 3
Some examples of religious discrimination against students:The most common religious jewelry remains the cross (worn by Protestant students) and crucifix (worn by Catholic students). These are so common that they are rarely if ever banned. Most of the instances of intolerance concerning religious jewelry in the public schools have been directed against followers of minority religions:
Some examples of clothing restrictions have been:
In each case, the schools justified their actions by "appealing to the compelling need to keep gangs out of schools." They were concerned that the rosaries, cap, and star could be interpreted as gang symbols. The first two schools lost their cases because they had "violated the boys’ rights to free speech and freedom of religion. The school hadn’t shown that allowing the students to wear the beads would disrupt the educational environment." 1 The third case was settled out of court in favor of the Wiccan.
Sponsored link:
About gang symbols:Some school administrations are particularly concerned that a teen gang may wear some symbol as a method of identifying their members to each other. Most of the bannings of religious symbols appear to be related to fear of such gang activity. It is quite impossible for an administration to eliminate the wearing of gang symbols by their students. This is because any unique symbol or piece of jewelry can be adopted by a group to identify their membership. They might adopt an upright pentagram (a Wiccan symbol), a Star of David (a Jewish symbol) or an inverted pentagram (a Satanic symbol). However, we have never heard of any gang doing this. They might just as easily adopt a cross (an Anglican and Protestant symbol) or a crucifix (a Catholic symbol) of a specific style. For example, they might adopt an oversize cross or crucifix that is larger than that worn by Christian students; gang membership would then be indicated by the size of the cross. Or they might adopt a particular stylized shape, or a unique color, or subtle feature in the design.
About pentagrams:Some school administrators have banned Wiccan pentagrams on the basis that they might cause disturbances in the school. They are at least partly justified in this opinion. Different students have widely varying beliefs about Wicca and its symbols:
Faced with this dichotomy of beliefs, it is understandable why a school administration might want to simply ban pentagrams. It is a simple, neat, easily implemented solution that works in most cases. It is also unconstitutional, and a violation of the Wiccan's First Amendment religious rights. Another alternative might be to take advantage of the controversy by educating students in:
Some might feel that educating students in minority religions might automatically violate the principle of separation of church and state. This is not true. A comparative religion course which explains the beliefs and practices of various religions and secular belief systems is quite constitutional -- and badly needed in North America.
References:
Copyright © 1999 to 2003 incl., by Ontario Consultants on
Religious Tolerance |
|
|
|
Page Translator:
