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Some examples of how the 1st Amendment has been interpreted and/or applied:
Frequently Asked Questions - Religion | First Amendment Center ? news, commentary, analysis on free speech, press, religion, assembly, petition
"The First Amendment says nothing about separation of church and state or a wall of separation between church and state. Where did this idea come from? Is it really part of the law?
Although the words separation of church and state do not appear in the First Amendment, the establishment clause was intended to separate church from state. When the First Amendment was adopted in 1791, the establishment clause applied only to the federal government, prohibiting the federal government from any involvement in religion. By 1833, all states had disestablished religion from government, providing protections for religious liberty in state constitutions. In the 20th century, the U.S. Supreme Court applied the establishment clause to the states through the 14th Amendment. Today, the establishment clause prohibits all levels of government from either advancing or inhibiting religion.
The establishment clause separates church from state, but not religion from politics or public life. Individual citizens are free to bring their religious convictions into the public arena. But the government is prohibited from favoring one religious view over another or even favoring religion over non-religion."
Some related examples and beginning with one asked in another thread:
Are religious holiday displays on public property constitutional?
It depends. Determining the constitutionality of religious holiday displays requires an analysis that is heavily fact-driven, meaning the slightest change in facts could completely change whether or not a holiday display is constitutional. Three U.S. Supreme Court cases deal specifically with this question. In Lynch v. Donnelly (1984) the Court held that a city-sponsored crèche in a public park did not violate the establishment clause because the display included other secular symbols, such as a teddy bear, dancing elephant, Christmas tree, and Santa Claus house. In Allegheny v. ACLU (1989) the Court found that a Nativity scene in a county courthouse accompanied by a banner that read Gloria in Excelsis Deo (Glory to God in the Highest), was unconstitutional because it was indisputably religious, rather than secular, in nature. In 1995 in Capitol Square Review & Advisory Board v. Pinette the Court held that a private group of individuals (in this case the Ku Klux Klan) could erect a cross in the Ohio statehouse plaza during the holiday season. In reaching its decision, the Court heavily relied on the fact that the KKK had requested permission to display the cross in the same manner as any other private group was required to do, that the public park had often times been open to the public for various religious activities, and that the KKK expressly disclaimed any government endorsement of the cross with written language on the cross.
Despite the Supreme Courts providing these baseline principles in religious holiday display cases, courts around the country have a difficult time in their application. For example, the 1st U.S. Circuit Court of Appeals held that a holiday display in a government building violated the establishment clause because the display lacked sufficient secular content. (Amancio v. Town of Somerset, 28 F. Supp. 2d 677 (D. Mass. 1998).) Included in the display was a Nativity scene, Christmas tree and Santa Claus. Contrast that decision with a ruling out of the 8th Circuit in which it was held that a holiday display that contained candy canes, Christmas tree, snowman, wrapped gifts and a crèche was constitutional. (ACLU v. City of Florissant, 186 F.3d 1095 (8th Cir. 1999).) The 1st Circuit and 8th Circuit clearly are split, illustrated by these two decisions, in how to interpret Lynch and Allegheny.
Some circuits, however, have applied the trio of cases with great consistency. For example, the 3rd Circuit has held that a display depicting a Hanukkah menorah, Christmas trees, Kwanzaa candles, a sled and Frosty the Snowman, among other things, was constitutional. (ACLU v. Schundler, 168 F.3d 92 (1999).) This court adhered strictly to the decisions in Lynch and Donnelly in reaching its decision. The 2nd Circuit also reached a similar decision in a holiday display case that included a crèche, Christmas tree, Hanukkah menorah, and a posted sign that stated that the display was privately sponsored. (Elewski v. City of Syracuse, 123 F. 3d 51 (2nd Cir. 1997).)
How can an individual ensure that a religious holiday display that she erects is constitutional? First of all, any holiday display erected on private property is immune from any constitutional challenges. Secondly, if an individual or group of individuals decide to set up a holiday display on public property (i.e. parks, courthouses, town halls, etc) he should petition the appropriate authorities for authorization to erect such a display. If the site has been home to a variety of religious displays in the past, it is likely permission will be granted.
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Is it constitutional to teach about religion in a public school?
Yes.
_________________________________________________
What should schools do in December?
Decisions about what to do in December should begin with the understanding that public schools may not sponsor religious devotions or celebrations; study about religious holidays does not extend to religious worship or practice.
Does this mean that all seasonal activities must be banned from the schools? Probably not, and in any event, such an effort would be unrealistic. The resolution would seem to lie in devising holiday programs that serve an educational purpose for all students programs that make no students feel excluded or forcibly identified with a religion not their own.
Holiday concerts in December may appropriately include music related to Christmas, Hanukkah, and other religious traditions, but religious music should not dominate. Any dramatic productions should emphasize the cultural aspects of the holidays. Conversely, Nativity pageants or plays portraying the Hanukkah miracle would not be appropriate in the public school setting.
Teachers may also teach about religious holidays in the classroom, but they must be alert to the distinction between teaching about such holidays, which is permissible, and celebrating them, which is not. Guest speakers also can help teachers present the appropriate information, but only if they understand their role as informational, not devotional, in nature.
In short, while recognizing the holiday season, none of the school activities in December should have the purpose, or effect, of promoting or inhibiting religion.
_________________________________________________________
Is it legal for students to pray in public schools?
Yes. Contrary to popular myth, the Supreme Court has never outlawed prayer in schools. Students are free to pray alone or in groups, as long as such prayers are not disruptive and do not infringe upon the rights of others. But this right to engage in voluntary prayer does not include the right to have a captive audience listen or to compel other students to participate. (This is the language supported by a broad range of civil liberties and religious groups in a joint statement of current law.)
What the Supreme Court has repeatedly struck down are state-sponsored or state-organized prayers in public schools.
The Supreme Court has made clear that prayers organized or sponsored by a public school even when delivered by a student violate the First Amendment, whether in a classroom, over the public address system, at a graduation exercise, or even at a high school football game. (Engel v. Vitale, 1962; School Dist. of Abington Township v. Schempp, 1963; Lee v. Weisman, 1992; Santa Fe Independent School. Dist. v. Doe, 2000)
__________________________________________________________________________
Does the First Amendment apply to public schools?
Yes. The First Amendment applies to all levels of government, including public schools. Although the courts have permitted school officials to limit the rights of students under some circumstances, the courts have also recognized that students like all citizens are guaranteed the rights protected by the First Amendment.
___________________________________________________
What does free exercise of religion mean under the First Amendment?
The free-exercise clause of the First Amendment states that the government shall make no law prohibiting the free exercise of religion. Although the text sounds absolute, no law does not always mean no law. The Supreme Court has had to place some limits on the freedom to practice religion. To take an easy example cited by the Court in one of its landmark free-exercise cases (Reynolds v. U.S., 1878), the First Amendment would not protect the practice of human sacrifice even if some religion required it. In other words, while the freedom to believe is absolute, the freedom to act on those beliefs is not.
____________________________________________________________________
May religious scriptures be used in a public school classroom?
Study of history or literature would be incomplete without exposure to the scriptures of the worlds major religious traditions. Some knowledge of biblical literature, for example, is necessary to comprehend much in the history, law, art and literature of Western civilization, just as exposure to the Quran is important for understanding Islamic civilization. In this sense, the classical religious texts are part of our study of history and culture.
At the same time, students need to recognize that, while scriptures tell us much about the history and cultures of humankind, they are considered sacred accounts by adherents to their respective traditions. Religious documents give students of history the opportunity to examine directly how religious traditions understand divine revelation and human values.
In a history class, selections from these accounts should always be treated with respect and used only in the appropriate historical and cultural context. Alert students to the fact that there are a variety of interpretations of scripture within each religious tradition.
Frequently Asked Questions - Religion | First Amendment Center ? news, commentary, analysis on free speech, press, religion, assembly, petition
"The First Amendment says nothing about separation of church and state or a wall of separation between church and state. Where did this idea come from? Is it really part of the law?
Although the words separation of church and state do not appear in the First Amendment, the establishment clause was intended to separate church from state. When the First Amendment was adopted in 1791, the establishment clause applied only to the federal government, prohibiting the federal government from any involvement in religion. By 1833, all states had disestablished religion from government, providing protections for religious liberty in state constitutions. In the 20th century, the U.S. Supreme Court applied the establishment clause to the states through the 14th Amendment. Today, the establishment clause prohibits all levels of government from either advancing or inhibiting religion.
The establishment clause separates church from state, but not religion from politics or public life. Individual citizens are free to bring their religious convictions into the public arena. But the government is prohibited from favoring one religious view over another or even favoring religion over non-religion."
Some related examples and beginning with one asked in another thread:
Are religious holiday displays on public property constitutional?
It depends. Determining the constitutionality of religious holiday displays requires an analysis that is heavily fact-driven, meaning the slightest change in facts could completely change whether or not a holiday display is constitutional. Three U.S. Supreme Court cases deal specifically with this question. In Lynch v. Donnelly (1984) the Court held that a city-sponsored crèche in a public park did not violate the establishment clause because the display included other secular symbols, such as a teddy bear, dancing elephant, Christmas tree, and Santa Claus house. In Allegheny v. ACLU (1989) the Court found that a Nativity scene in a county courthouse accompanied by a banner that read Gloria in Excelsis Deo (Glory to God in the Highest), was unconstitutional because it was indisputably religious, rather than secular, in nature. In 1995 in Capitol Square Review & Advisory Board v. Pinette the Court held that a private group of individuals (in this case the Ku Klux Klan) could erect a cross in the Ohio statehouse plaza during the holiday season. In reaching its decision, the Court heavily relied on the fact that the KKK had requested permission to display the cross in the same manner as any other private group was required to do, that the public park had often times been open to the public for various religious activities, and that the KKK expressly disclaimed any government endorsement of the cross with written language on the cross.
Despite the Supreme Courts providing these baseline principles in religious holiday display cases, courts around the country have a difficult time in their application. For example, the 1st U.S. Circuit Court of Appeals held that a holiday display in a government building violated the establishment clause because the display lacked sufficient secular content. (Amancio v. Town of Somerset, 28 F. Supp. 2d 677 (D. Mass. 1998).) Included in the display was a Nativity scene, Christmas tree and Santa Claus. Contrast that decision with a ruling out of the 8th Circuit in which it was held that a holiday display that contained candy canes, Christmas tree, snowman, wrapped gifts and a crèche was constitutional. (ACLU v. City of Florissant, 186 F.3d 1095 (8th Cir. 1999).) The 1st Circuit and 8th Circuit clearly are split, illustrated by these two decisions, in how to interpret Lynch and Allegheny.
Some circuits, however, have applied the trio of cases with great consistency. For example, the 3rd Circuit has held that a display depicting a Hanukkah menorah, Christmas trees, Kwanzaa candles, a sled and Frosty the Snowman, among other things, was constitutional. (ACLU v. Schundler, 168 F.3d 92 (1999).) This court adhered strictly to the decisions in Lynch and Donnelly in reaching its decision. The 2nd Circuit also reached a similar decision in a holiday display case that included a crèche, Christmas tree, Hanukkah menorah, and a posted sign that stated that the display was privately sponsored. (Elewski v. City of Syracuse, 123 F. 3d 51 (2nd Cir. 1997).)
How can an individual ensure that a religious holiday display that she erects is constitutional? First of all, any holiday display erected on private property is immune from any constitutional challenges. Secondly, if an individual or group of individuals decide to set up a holiday display on public property (i.e. parks, courthouses, town halls, etc) he should petition the appropriate authorities for authorization to erect such a display. If the site has been home to a variety of religious displays in the past, it is likely permission will be granted.
___________________________________________________
Is it constitutional to teach about religion in a public school?
Yes.
_________________________________________________
What should schools do in December?
Decisions about what to do in December should begin with the understanding that public schools may not sponsor religious devotions or celebrations; study about religious holidays does not extend to religious worship or practice.
Does this mean that all seasonal activities must be banned from the schools? Probably not, and in any event, such an effort would be unrealistic. The resolution would seem to lie in devising holiday programs that serve an educational purpose for all students programs that make no students feel excluded or forcibly identified with a religion not their own.
Holiday concerts in December may appropriately include music related to Christmas, Hanukkah, and other religious traditions, but religious music should not dominate. Any dramatic productions should emphasize the cultural aspects of the holidays. Conversely, Nativity pageants or plays portraying the Hanukkah miracle would not be appropriate in the public school setting.
Teachers may also teach about religious holidays in the classroom, but they must be alert to the distinction between teaching about such holidays, which is permissible, and celebrating them, which is not. Guest speakers also can help teachers present the appropriate information, but only if they understand their role as informational, not devotional, in nature.
In short, while recognizing the holiday season, none of the school activities in December should have the purpose, or effect, of promoting or inhibiting religion.
_________________________________________________________
Is it legal for students to pray in public schools?
Yes. Contrary to popular myth, the Supreme Court has never outlawed prayer in schools. Students are free to pray alone or in groups, as long as such prayers are not disruptive and do not infringe upon the rights of others. But this right to engage in voluntary prayer does not include the right to have a captive audience listen or to compel other students to participate. (This is the language supported by a broad range of civil liberties and religious groups in a joint statement of current law.)
What the Supreme Court has repeatedly struck down are state-sponsored or state-organized prayers in public schools.
The Supreme Court has made clear that prayers organized or sponsored by a public school even when delivered by a student violate the First Amendment, whether in a classroom, over the public address system, at a graduation exercise, or even at a high school football game. (Engel v. Vitale, 1962; School Dist. of Abington Township v. Schempp, 1963; Lee v. Weisman, 1992; Santa Fe Independent School. Dist. v. Doe, 2000)
__________________________________________________________________________
Does the First Amendment apply to public schools?
Yes. The First Amendment applies to all levels of government, including public schools. Although the courts have permitted school officials to limit the rights of students under some circumstances, the courts have also recognized that students like all citizens are guaranteed the rights protected by the First Amendment.
___________________________________________________
What does free exercise of religion mean under the First Amendment?
The free-exercise clause of the First Amendment states that the government shall make no law prohibiting the free exercise of religion. Although the text sounds absolute, no law does not always mean no law. The Supreme Court has had to place some limits on the freedom to practice religion. To take an easy example cited by the Court in one of its landmark free-exercise cases (Reynolds v. U.S., 1878), the First Amendment would not protect the practice of human sacrifice even if some religion required it. In other words, while the freedom to believe is absolute, the freedom to act on those beliefs is not.
____________________________________________________________________
May religious scriptures be used in a public school classroom?
Study of history or literature would be incomplete without exposure to the scriptures of the worlds major religious traditions. Some knowledge of biblical literature, for example, is necessary to comprehend much in the history, law, art and literature of Western civilization, just as exposure to the Quran is important for understanding Islamic civilization. In this sense, the classical religious texts are part of our study of history and culture.
At the same time, students need to recognize that, while scriptures tell us much about the history and cultures of humankind, they are considered sacred accounts by adherents to their respective traditions. Religious documents give students of history the opportunity to examine directly how religious traditions understand divine revelation and human values.
In a history class, selections from these accounts should always be treated with respect and used only in the appropriate historical and cultural context. Alert students to the fact that there are a variety of interpretations of scripture within each religious tradition.
