What the constitution allows:
Again, this is in a state of flux. As of early 1999, the following activities are permitted. In fact, they are more than allowed. They are constitutionally protected as freedom of speech, religion and assembly rights:
Graduation ceremonies: Some invocations, benedictions and prayers at graduation ceremonies. This is very much a gray area as far as court rulings is concerned. More details.
Teaching religion: The positive and negative effects of religion on society may be studied in history, literature, comparative religion, and other courses. Comparative religion classes are allowed, as long as one religion is not presented as being superior to any another, or as absolute truth. Bible study is allowed, as long as the texts from other religions are also studied. Schools can communicate the broad field of religion but not indoctrinate their students in a particular faith.
Student religious clubs: If the school receives federal funds, then it must obey the federal Equal Access Act of 1984. Students are free to organize Bible study and other religious special interest clubs if any other secular clubs are allowed. The school may prohibit religious clubs, but only if it prohibits all student groups. Religious clubs must be given the same access to school facilities (space to meet, permission to advertise on school bulletin boards, permission to have announcements read over the PA system, inclusion in the year book, etc.) as do other clubs. Group meetings must be "voluntary and student initiated." There must be no "sponsorship" of the meetings by the school. "Non-school persons may not direct, conduct, control, or regularly attend" the activities. One effect of this law is the flourishing of Christian clubs in public schools. The American Civil Liberties Union estimates that 10,000 Christian clubs are operating in U.S. high schools. 2 More information
Moment of silence: Having students engage in a moment of silence during which they can pray, meditate, plan their day, or engage in any other silent mental activity. In late 2000, a federal court affirmed the constitutionality of the moment of silence law which came into effect in Virginia on 2000-APR-1. The decision is under appeal by the ACLU. The Natural Law Project promotes this alternative.
Prayer outside of school building: Students can organize prayers on school property outside the classroom. e.g. they can conduct group prayer meetings at the school flagpole.
School religious speech: Students can carry Bible or other religious texts to and in school. They can pray before eating. A student can pray on the school bus, in the cafeteria, in classrooms before and after class, in the corridors, in the washrooms, etc. They can wear T-shirts with religious text. They can wear religious jewelry (buttons, symbols). They can hand out religious materials. They can freely talk about religion to fellow students, outside of class. They can pray before eating in the cafeteria. These are well-known freedoms guaranteed by the U.S. Constitution. Yet not everyone is aware of these forms of protected speech. Bill Keane's cartoon "Family Circus" for 1999-NOV-15 shows a mother waving at two children leaving the house. She says "Get to school safely." The caption reads "Chances are they will as long as they're allowed to pray on that old school bus."
Rental of school facilities: Many religious organizations rent school facilities after hours. Past court decisions generally supported this right, if rooms are also rented to secular groups. Court rulings specified that schools can refuse to rent to religious groups, but then they cannot rent to outside secular organizations as well. However, recent court decisions have split on this issue.
Teaching of evolution: Schools may require their teachers to explain evolution as a scientific theory, as supported by 95% of scientists. This would include teachers who might not believe evolution to be true because of their personal religious grounds.
Teacher display of religion: Teachers may be prohibited from displaying a Bible on their desk or from placing religious posters on the classroom wall. This would imply state support for a specific religion.
In summary, the law guarantees students' fundamental religious freedoms while requiring the school to maintain a religiously neutral environment. Sometimes the latter requires some limitations on teachers' freedoms. A 1996-JUN court decision by the US District Court for the Northern District of Mississippi covers many of the above items, including prayer over a school-wide intercom, a pre-school religious group, classroom prayer, teaching a Bible class and religious instruction in a history class. The text of the court order is also available on the Internet.
