ERIC Number: ED424613
Record Type: Non-Journal
Publication Date: 1997-Oct
Reference Count: N/A
The Intertwined Relationship between the Religion Clauses of the Constitution and American Education.
Choper, Jesse H.
The Convocation on Academic Freedom promotes discussion on academic freedom through theme-centered presentations. This talk examines the United States Supreme Court's interpretation of the religion clauses of the Constitution in the context of education. The focus is on the First Amendment's establishment clause, which enforces separation of church and state. With much of the adjudication centered around religion in public schools and aid to parochial schools, the emphasis here is on these two areas. Beginning with financial aid to church-related institutions, the discussion analyzes the first such case in 1947. The "Lemon" test is discussed next: the three-part test that the Court uses to determine whether public financial assistance or other kinds of state "aid" to religion violates the establishment clause. Cases that have been adjudicated with this test are reviewed, along with decisions in the 1980s that moved the Court away from the "Lemon" test to other types of approaches. The presentation then details how these approaches fuel the present debate in religion and education decisions. The role of religion in public schools and the future of religious practices in these schools are discussed last. (RJM)
Publication Type: Reports - Descriptive; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment