ERIC Number: ED208591
Record Type: Non-Journal
Publication Date: 1981-Nov
Reference Count: N/A
Religious Holiday Observances in Public Schools: When Are They Constitutional? A Legal Memorandum.
To assist public school administrators in identifying constitutionally permissible religious observances of national religious holidays, this paper analyzes a federal appellate court case, Florey v. Sioux Falls School District, in which it was found that public schools would not violate the First Amendment by observing religious holidays if the holidays have a secular basis, if the observances are presented in a prudent and objective manner, and if their primary purpose and effect is to promote secular educational goals such as advancing student knowledge about our religious heritage and diversity. The paper cautions that such observances must relate only to the secular aspects of holidays, and must contain no element of religious or theological content, in order to be constitutionally permissible. (JEH)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts, Policy Formation, Religion, Religious Discrimination, Religious Holidays, School Community Relationship, State Church Separation
NASSP, 1904 Association Drive, Reston, VA 22091 ($0.50; quantity discounts).
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers
Education Level: N/A
Authoring Institution: National Association of Secondary School Principals, Reston, VA.
Identifiers - Laws, Policies, & Programs: First Amendment