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Herbstrith, Julie C.; Kuperus, Sarah; Dingle, Kathleen; Roth, Zachary C. – Research in Education, 2020
Many Americans are familiar with the First Amendment, but its application to prayer and religious activities in public schools is often misunderstood. Religious beliefs are increasingly diverse in the United States. Therefore, it seems imperative that school personnel are aware of the law and sensitive to an array of religious practices. We…
Descriptors: Religion, State Church Separation, Constitutional Law, Knowledge Level
Connors, Eugene T. – 1988
This "fastback" examines the U.S. Supreme Court decisions and a few lower court decisions concerning religion and education rendered in the 1980s, and for background purposes, it also includes some decisions prior to the 1980s. The first of four parts discusses cases pertaining to prayer and religious activities in school. Included in…
Descriptors: Constitutional Law, Court Litigation, Creationism, Elementary Secondary Education
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Metzger, Devon – American Secondary Education, 2002
Describes citizenship education program for achieving common ground in a multicultural society that emphasizes religious liberty in American democracy protected by the First Amendment. Includes five areas: conflict resolution, consensus building, religion in the curriculum, teacher education, and religious expression in public schools. (Contains…
Descriptors: Citizenship Education, Conflict Resolution, Cultural Pluralism, Elementary Secondary Education
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Robbins, Jan C. – Religion and Public Education, 1988
Discusses the impact of the Equal Access Act (1984) on the secondary school. Examines those court cases which served as the precursors of this act. Notes that the extent of participation by religious groups in an open forum remains to be seen. (KO)
Descriptors: Court Litigation, Public Schools, Religion, Religious Factors
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O'Shea, Kevin F. – Journal of College and University Law, 1997
Reviews 1995 court decisions concerning free speech in colleges and universities, focusing on the Free Speech Clause of the First Amendment (educator speech, campus speech regulations, speech in public forum), religion clauses (Establishment Clause, Free Exercise Clause) and statutes (Religious Freedom Restoration Act, Equal Access Act). Concludes…
Descriptors: College Administration, College Environment, Constitutional Law, Court Litigation
Thomas, Oliver S. – School Administrator, 1999
Beyond no-establishment and free-exercise principles, widespread agreement now exists on many thorny church-state questions: school prayer, teaching about religion, Bible clubs, equal access, excusals, distribution of religious literature, religious holidays, creationism, released time, and character education. One issue, speaker versus audience…
Descriptors: Court Litigation, Creationism, Elementary Secondary Education, Extracurricular Activities
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Morris, Arval – West's Education Law Reporter, 1990
Traces legislative history of the Equal Access Act of 1984 and the United States Supreme Court Justices' reasoning in the "Mergens" decision. At least six justices seem to agree that the proper Establishment Clause doctrine is that government can accommodate religion so long as its accommodation is neutral. (MLF)
Descriptors: Court Judges, Court Litigation, Extracurricular Activities, Federal Courts
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Johnson, T. Page – West's Education Law Reporter, 1991
U.S. Solicitor General Kenneth W. Starr has asked the Supreme Court to abandon the Establishment Clause it formulated in "Lemon v. Kurtzman" (1971) for cases involving governmental accommodation of religion in civic life. Starr's "amicus curiae" in "Lee v. Weisman" questions the clause's persistent tendency to…
Descriptors: Court Litigation, Elementary Secondary Education, Legal Problems, Religious Factors
Barham, Frank E.; And Others – 1986
Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings,…
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Federal Courts
Department of Education, Washington, DC. – 1998
These guidelines, addressing the extent to which religious expression and activity are permitted in public schools, were originally issued in 1995. Changes have been made in the sections on religious excusals and student garb to reflect the Supreme Court decision in "Boerne v. Flores" declaring the Religious Freedom Restoration Act…
Descriptors: Board of Education Policy, Commencement Ceremonies, Compliance (Legal), Constitutional Law
Rossow, Lawrence F.; Rossow, Nancy Dort – 1987
The nature and extent of religious activities in public schools is an unresolved issue. While the teacher-led prayer issue was decided in a 1985 Supreme Court decision, the constitutionality of schools' permitting student groups to meet for religious purposes remains unsettled. Compliance with the establishment clause requires government to remain…
Descriptors: Elementary Secondary Education, Extracurricular Activities, Freedom of Speech, Higher Education
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Bjorklun, Eugene C. – Religion & Public Education, 1989
Examines court decisions which led to the passage of the Equal Access Act of 1984. Although the act was designed to clarify the issue over the legality of permitting religious clubs to meet on school property, it may have created more confusion. Concludes that the Supreme Court may have to decide the issue. (SLM)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Elementary Secondary Education
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Warshaw, Thayer S. – Religion and Public Education, 1988
Describes recent court decisions which have affected equal access to open forums within schools. Reports that there is much confusion surrounding equal access as defined by the courts. Notes that indecision regarding the constitutionality of equal access has led to a flurry of action by schools. Lists questions facing these schools in deciding…
Descriptors: Court Litigation, Public Schools, Religion, Religious Factors