- There is a legitimate, secular, non-religious purpose for an activity;
- The primary effect of the activity neither advances nor hinders religious belief or practice; and
- The activity does not foster excessive entanglement between the governmental entity and religious concerns.
As the holiday season is fast approaching, it is important that school districts prepare for, and be aware of, what can annually become the controversial issue of appropriate holiday displays and programs.
Since 1962 in the case of Engel v. Vitale, the courts have been clear that the U.S. Constitution prohibits public schools from proselytizing religion to children. However, determining what that means in terms of holiday celebrations can be a daunting task. At issue is the balance between one’s freedom of religion and the prohibition against government-endorsed religion.
School districts, as state actors, must look to three pertinent provisions of the First Amendment to the U.S. Constitution: the Establishment Clause, the Free Exercise Clause and Free Speech Clause.
While the Establishment Clause prohibits schools from establishing religion by acting with a religious purpose or effect or by entangling themselves with religion or endorsing religion, the Free Exercise Clause requires that public schools do not impinge upon the free exercise of any particular student’s religious beliefs or expression. Lastly, according to Engel v. Vitale, the Free Speech Clause prohibits “state actors” such as public school districts, from “abridging the freedom of speech.” Clearly, the devil is in the details when it comes to balancing these three constitutional guarantees.
To determine whether a public school violates the Establishment Clause, the courts apply a three-part test developed by the Supreme Court in a 1971 case, Lemon v. Kurtzman. While almost fifty years old, the Lemon test continues to be the standard for assessing Establishment Clause violations by a governmental entity. The standard requires that the state action comply with all of the elements of the following three-pronged test:
- Published: November 14, 2018
You might also be interested in:
News
Decisions Adopted by the School Ethics Commission on Oct. 22, 2024
Of the eight decisions considered for adoption by the SEC, only three were posted on the SEC’s website; therefore, the other five matters (C49-21; C92-21; C12-24; C18-24; and C19-24) remain pending.
11/06/2024
Topics: School Law
Daily Clips 11/6/24
NEW JERSEY Burlington County Times Downe Township voter referendum on armed guard rejected at the polls A ballot question authorizing Downe Township’s education board to fund an armed school guard for its coming 2024-25 budget year was rejected on Tuesday,...
11/06/2024
Board Members, School Board Attorneys and Other School Leaders Learn Best Practices at NJSBA’s Fall School Law Forum
School board attorneys, legal professionals, school board members, administrators and other school leaders learned about a host of legal topics that affect the educational community at the New Jersey School Boards Association’s School Law Forum.
11/06/2024
Topics: School Law