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Ch. 2 School and the State

Pierce v. Society of Sisters (1925) U.S.

·        Compulsory Attendance

o       Affirmed right of state to compel school attendance for students between the ages of 6-18.

o       Right of private school to exist

·        Parents should have freedom of choice in the education of their children

Engel v. Vitale (1962) U.S.

·        Prayer in schools & freedom of religion

o       State-mandated or state-sponsored prayer, no matter how innocuous, is contrary to the spirit and command of the First Amendment's ban against the establishment of religion.

Murray v. Curlett (1963) U.S.

·        Prayer and Bible Reading

o       Bible may be read for literature only.

o       Laws that require reading the Bible and/or reciting the Lords Prayer are unconstitutional.

Lee v. Weisman (1992) U.S.

·        Prayer at graduation

o       Prayers mandated or organized by school officials and delivered by local clergy at graduation exercises were unconstitutional.

Equal Access (p.62) 1984

·        Public Forum – Gov’ t property, park, parade

·        Limited Public Forum – School, PTA, 4H club, Subject Matter Neutral

·        Non-Public Forum – Military Base

·        Private Property – No right to speak on someone’s private property

Edwards v. Aguillard (1987) U.S. p.78

·        Teaching of Creationism

o       Teaching creation science with evolution violates the First Amendment’s prohibition against establishment of religion.

Good News Club v. Milford (2001) U.S.

·             Use of Facilities

o       In an open forum, can’t exclude a group because it has a religious aspect.

Hartzell v. Connell (1984) CA

·        School Feels

o       Can not charge fees for extracurricular activities

o       Violates free school guarantee of the California Constitution

Berg v. Glen Cove (1994) New York District Court

·        Immunization Waivers

o       Allowed waivers for immunization due to religious beliefs.

Lemon v. Hurtzman (1971) U.S.

·        Lemon dealt with Rhode Island and Pennsylvania programs that supplemented the salaries of teachers in religiously based, private schools for teaching secular subjects.

·        Court found states violated the Establishment Clause of the 1st Amendment

o       Lemon Test

§        Does the action have a secular purpose?

§        Does the action have an effect that neither advances nor hinders?

§        Does the action avoid excessive entanglement with religion?